Smt. Sikha Upadhyay D/O ... vs The State Of Madhya Pradesh
2021 Latest Caselaw 8217 MP

                                                         1                              WP-17496-2021
                              The High Court Of Madhya Pradesh
                                       WP No. 17496 of 2021
                       (SMT. SIKHA UPADHYAY D/O PURSHOTTAM UPADHYAY Vs THE STATE OF MADHYA PRADESH AND
                                                           OTHERS)


                      Jabalpur, Dated : 04-12-2021
                             Shri Rakesh Chourasia, learned counsel for the petitioner.

                             Shri Prashant Mishra, learned PL for the respondents/State.

Petitioner has filed this petition challenging order dated 28.10.2020, contained in Annexure P/4. By said order, application of petitioner for grant of compassionate appointment was rejected on the ground that petitioner is

married and married daughter is not entitled to get compassionate appointment as she will not fall within the definition of dependent.

It has been held by the Apex Court and also by the Larger Bench of this Court vide judgment dated 02.03.2020 in W.A. No. 756/2019 (Meenakshi Dubey vs M.P. Poorv Kshetra Vidyut Vitran Company Ltd. and others) that there cannot be any discrimination between daughter and married daughter and married daughter is also entitled for being considered for compassionate appointment.

Considering the same, impugned order dated 28.10.2020 is quashed.

Respondent No.3 is directed to reconsider the application of petitioner for grant of compassionate appointment within a period of 60 days from the date of receipt of certified copy of the order passed today and her application will not be rejected only on the ground that she is married and not dependent of late Majula Chokde.

With aforesaid direction, writ petition filed by the petitioner is disposed off.

C.C. as per rules.

                                                                               (VISHAL DHAGAT)
                                                                                    JUDGE

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Date: 2021.12.06
11:37:58 IST