Court Overturns APSRTC’s Rejection, Emphasizes Dependency Over Marital Status for Appointments
In a landmark decision, the Andhra Pradesh High Court has set aside the rejection of a compassionate appointment claim made by a married daughter of a deceased APSRTC employee. The court emphasized that marital status should not be a barrier when the applicant is otherwise dependent on the deceased employee. Justice Balaji Medamalli presided over the writ petition filed by B. Sobha and others, challenging the denial of compassionate appointment for Sobha's daughter, Boyana Sony, following the death of her father, an APSRTC driver.
The court observed that the rejection by APSRTC, based on Sony's marital status, contradicted the principles of equality enshrined in the Indian Constitution. The decision comes in the wake of a similar Supreme Court ruling in Kulsum Nisha v. State of UP, which deemed the exclusion of married daughters from compassionate appointments as constitutionally impermissible.
In this case, the deceased employee's son was living separately and not supporting the family, leaving Sony and her unemployed husband dependent on her late father. Despite this, the authorities dismissed her claim, citing a government order that prioritized unmarried children or those without siblings. However, the court noted that dependency, not marital status, should be the deciding factor.
The court remanded the matter to the District Collector, directing them to reassess Sony's application without considering her marital status. The decision underscores the evolving judicial perspective on gender equality and dependency in compassionate appointments, reflecting contemporary social realities.
Bottom Line :
Compassionate appointment - Married daughter cannot be denied consideration solely on the ground of marital status - Dependency is the relevant test - Rejection of claim of deceased APSRTC employee's married daughter set aside and matter remitted to District Collector for fresh consideration.
Statutory provision(s): Article 14 of the Constitution of India, G.O.Ms.No.350, General Administration (SER-A) Department, dated 30.07.1999, G.O.Ms.No.22, dated 01.07.2022.
B. Sobha v. State of Andhra Pradesh, (Andhra Pradesh) : Law Finder Doc id # 2989240
