Rajasthan HC orders employment for SC widow denied job due to two-child norm
1 month, 3 weeks ago

Rajasthan HC orders employment for SC widow denied job due to two-child norm

Hindustan Times  

JODHPUR: The Rajasthan High Court on Monday directed the state government to appoint a scheduled caste widow as a school lecturer, recognising her right to employment after she was denied the position because she had more than two children who were alive. Petitioner’s appointment was denied under the two-child norm, which disqualifies candidates with more than two surviving children born on or after June 1, 2002 The court, invoking its inherent powers under Article 226 of the Constitution, held that the rejection of her candidature was contrary to the principles of equality and non-discrimination. However, her appointment was denied under the two-child norm, which disqualifies candidates with more than two surviving children born on or after June 1, 2002. Justice Sameer Jain, while delivering the judgment, emphasised the need for a progressive interpretation of service rules, and said: “The rejection of the petitioner’s candidature on the sole ground of having more than two children is contrary to Articles 14 and 16 of the Constitution of India, which ensure equality and non-discrimination. Excluding widows facing significant socio-economic hardships, such as the petitioner, undermines the broader welfare objectives of such provisions.” Exercising parens patriae jurisdiction, the court directed the state to appoint the petitioner without any further delay.

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History of this topic

Rajasthan High Court Grants Relief To Contractual Employee Who Was Given Only 2 Months Maternity Leave In 2008
1 week, 5 days ago

Rajasthan High Court Grants Relief To Contractual Employee Who Was Given Only 2 Months Maternity Leave In 2008

Live Law  

While reiterating that discriminating between regular females employees and those on contractual basis, by denying complete 180 days of maternity leaves to the latter was violative of Article 14 and 21, Rajasthan High Court directed the State to pay additional salary of remaining period to the petitioner who was granted only 2 months' maternity leave when applied for in 2008. …

[Compassionate Appointment] Law Prevailing On Date Of Employee's Death Applicable Irrespective Of When Application For Appointment Was Submitted: Rajasthan HC
Trending News
2 weeks, 5 days ago

[Compassionate Appointment] Law Prevailing On Date Of Employee's Death Applicable Irrespective Of When Application For Appointment Was Submitted: Rajasthan HC

Live Law  

The Rajasthan High Court has granted relief of compassionate appointment, in a decade-old matter, to the petitioner, affirming that the policy governing such appointment had to be the one that was existing on the date of demise of the concerned person and not on the date of application filed for such appointment. The division bench of Justice Munnuri Laxman and …

Married Daughter Being Sole Surviving Family Member Of Deceased Govt Employee Is Entitled To Compassionate Employment: Rajasthan HC
2 weeks, 6 days ago

Married Daughter Being Sole Surviving Family Member Of Deceased Govt Employee Is Entitled To Compassionate Employment: Rajasthan HC

Live Law  

The Rajasthan High Court has dismissed a challenge against an order of the Central Administrative Tribunal that directed the State to grant compassionate appointment to the respondent, who was the married daughter of the deceased employee, whose husband was also employed and earning. Heena Sheikh v State of Rajasthan in which it was decided that married daughter of a deceased …

Rajasthan HC Makes Exception For Widow Declared Ineligible For Job For Having More Than 2 Children, Considers Her Socio-Economic Condition
1 month, 3 weeks ago

Rajasthan HC Makes Exception For Widow Declared Ineligible For Job For Having More Than 2 Children, Considers Her Socio-Economic Condition

Live Law  

While exercising its inherent powers, the Jaipur bench of the Rajasthan High Court directed the State to grant employment to a widow and a mother of four belonging to the SC category, who stood meritorious in the recruitment process to the post of school lecturer, but was denied employment for having more than two surviving children. Justice Sameer Jain held …

Rajasthan HC Sets Aside Employee's Demotion From Post Held For 17 Years, Says Decision Rejecting Peer's Plea Seeking Same Relief Not In Rem
2 months, 1 week ago

Rajasthan HC Sets Aside Employee's Demotion From Post Held For 17 Years, Says Decision Rejecting Peer's Plea Seeking Same Relief Not In Rem

Live Law  

The Jodhpur bench of the Rajasthan High Court set aside a 14-year-old order demoting a government employee from a post on which he served for 17 years, wherein the demotion was directed based on a judgment in a plea by a similarly situated counterpart who had also sought promotion but was denied noting that he wasn't entitled to it. The …

When Deceased Govt Employee Married Second Wife Without Divorcing First Wife, Only The Latter Will Get Family Pension: Rajasthan High Court
3 months, 1 week ago

When Deceased Govt Employee Married Second Wife Without Divorcing First Wife, Only The Latter Will Get Family Pension: Rajasthan High Court

Live Law  

Rajasthan High Court has accepted the petition by the first wife of a deceased government employee for family pension on the grounds that no valid divorce took place between them since “social divorce” was not recognized by our legal system. In this light, since the marriage with the second wife was not valid as per the Hindu Marriage Act, 1955, …

Daughter Who Became Widowed/ Divorced After Death Of Govt Employee Parent Falls Outside “Family” Under Pension Rules: Rajasthan HC
3 months, 2 weeks ago

Daughter Who Became Widowed/ Divorced After Death Of Govt Employee Parent Falls Outside “Family” Under Pension Rules: Rajasthan HC

Live Law  

Rajasthan High Court rejected a bunch of writ petitions filed by daughters claiming family pension pursuant to their respective parents' death who were government employees, on the basis of them attaining status of a widow or a divorcee, subsequent to their parents' demise. It was also pointed out that now, the Finance Department had also clarified that daughter of a …

Can Candidates Change Category Amid Ongoing Recruitment Process If Visited By Widowhood Or Handicap: Rajasthan HC Refers Question To Larger Bench
1 year ago

Can Candidates Change Category Amid Ongoing Recruitment Process If Visited By Widowhood Or Handicap: Rajasthan HC Refers Question To Larger Bench

Live Law  

The Rajasthan High Court has referred to a larger bench the question regarding legal viability of a candidate changing her category to a special category in the middle of a recruitment process, upon being visited by a misfortune caused by the 'act of god' post the submission of the application form. A Division Bench of Dr Justice Pushpendra Singh Bhati …

Rule Disqualifying Candidate Having More Than 2 Children From Govt Job Doesn't Violate Constitution : Supreme Court
1 year ago

Rule Disqualifying Candidate Having More Than 2 Children From Govt Job Doesn't Violate Constitution : Supreme Court

Live Law  

The Supreme Court upheld the decision of the Rajasthan Government to disqualify a candidate from applying to a police constable post for having more than two children.The Court held that Rule 24 of the Rajasthan Police Subordinate Service Rules, 1989, which provides that “no candidate shall be eligible for appointment to the service who has more than two children on …

Application for public posts: SC junks plea against Rajasthan rules for candidates with more than 2 kids
1 year ago

Application for public posts: SC junks plea against Rajasthan rules for candidates with more than 2 kids

Hindustan Times  

The Supreme Court has dismissed a plea against the Rajasthan government’s 2001 regulations, which prevent a candidate from applying for a public position if he or she has more than two children. The bench pointed out that the 2003 decision held that the classification, which disqualified candidates for having more than two living children, was non-discriminatory and intra-vires the Constitution, …

'Petitioner Being Working Woman Has Multiple Duties To Perform & Will Face Difficulties To Travel Long Distance With Minor Children', Rajasthan HC Allows Transfer Plea
3 years ago

'Petitioner Being Working Woman Has Multiple Duties To Perform & Will Face Difficulties To Travel Long Distance With Minor Children', Rajasthan HC Allows Transfer Plea

Live Law  

The Rajasthan High Court, while allowing a transfer petition, observed that petitioner being a working woman has multiple duties to perform and will face difficulties to travel a long distance with her minor children. 73/2020 pending before Additional District Judge – Family Court, Chirawa, Jhunjhunu be transferred to the Family Court, Bhilwara. While observing that comparatively more inconvenience will be …

Compassionate Appointment Policy Cannot Discriminate Against 'Illegitimate' Children Of Deceased Employee: Supreme Court
3 years, 1 month ago

Compassionate Appointment Policy Cannot Discriminate Against 'Illegitimate' Children Of Deceased Employee: Supreme Court

Live Law  

The Supreme Court observed that a compassionate appointment policy cannot discriminate against a person only on the ground of descent by classifying children of the deceased employee as legitimate and illegitimate. That is to say, a policy for compassionate appointment, which has the force of law, must not discriminate on any of the grounds mentioned in Article 16, including that …

Rajasthan High Court Upholds Single Judge Decision Granting Maternity Leave To Woman Who Gave Birth Prior To Joining Service
3 years, 7 months ago

Rajasthan High Court Upholds Single Judge Decision Granting Maternity Leave To Woman Who Gave Birth Prior To Joining Service

Live Law  

Upholding the decision of the Single Judge, a Division Bench of the Rajasthan High Court has affirmed that a female government servant was entitled to avail maternity leave if she joins within the period of confinement i.e. A Division Bench of Justices Vinit Kumar Mathur and Indrajit Mahanty rejected the argument of Additional Advocate General Pankaj Sharma that the respondent-mother …

Allahabad High Court Reiterates That Married Daughters Are Eligible For Compassionate Appointment; No Amendment In Statute Book Required
4 years, 2 months ago

Allahabad High Court Reiterates That Married Daughters Are Eligible For Compassionate Appointment; No Amendment In Statute Book Required

Live Law  

The Allahabad High Court has made it clear that marital status of a daughter alone cannot be the ground for rejecting her application for compassionate appointment in terms of the UP Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974. Vimla Srivastava, striking down the word 'unmarried' in Rule 2 of the Rules, entitles a married daughter to …

Even If Child Is Born Prior To Joining Govt. Service, The Servant Is Entitled To Maternity Leave: Rajasthan High Court
4 years, 3 months ago

Even If Child Is Born Prior To Joining Govt. Service, The Servant Is Entitled To Maternity Leave: Rajasthan High Court

Live Law  

The Bench of Justice Dinesh Mehta specifically ruled, "A female Government servant is entitled to avail maternity leave, if she joins within the period of confinement, i.e. It may be noted that the Court was dealing with Rule 103 of the Rajasthan Service Rules, which governs the grant of maternity leave to female government servants. The Court also said that …

Rajasthan HC Upholds Validity Of Interchangeability Of Reservation Vacancies Between Widows And Divorcee Women In Case Of Non-Avilability Of Candidates In Either Category
4 years, 7 months ago

Rajasthan HC Upholds Validity Of Interchangeability Of Reservation Vacancies Between Widows And Divorcee Women In Case Of Non-Avilability Of Candidates In Either Category

Live Law  

We find no constitutional impediment in making the reservation for widow and divorced women interchangeable i.e. The Rajasthan High Court has upheld the constitutional validity of a Notification issued by the Government of Rajasthan substituting a rule pertaining to reservation of vacancies for women in its Service Rules to allow interchangeability between divorcee and widow candidates vacancies on the quota …

U’Khand HC Denies Maternity Leave to Govt Employees for 3rd Child
5 years, 6 months ago

U’Khand HC Denies Maternity Leave to Govt Employees for 3rd Child

The Quint  

The single bench order had been delivered on a PIL filed by Haldwani-based nurse Urmila Masih challenging a government rule not to provide maternity leave to women in case of a third child. Citing the rules of the Act, Masih had said that the government's rule to not provide maternity benefits in case of a third child violates Article 42 …

Rajasthan HC Rejects Plea Challenging Exclusion Of 'Married Daughters' From Availing Benefit Of Compassionate Appointment Scheme [Read Order]
5 years, 6 months ago

Rajasthan HC Rejects Plea Challenging Exclusion Of 'Married Daughters' From Availing Benefit Of Compassionate Appointment Scheme [Read Order]

Live Law  

The Rajasthan High Court rejected a challenge against exclusion of married daughters from availing the benefit of compassionate appointment under Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules,1996.One Kshama Devi, had challenged the validity of Rule 2 contending that the same to the extent it excludes from its purview married daughters,. The Rajasthan High Court rejected a challenge …

Can't Deny Compassionate Employment To Child From Second Marriage Under Hindu Marriage Act: Bombay HC [Read Judgment]
6 years ago

Can't Deny Compassionate Employment To Child From Second Marriage Under Hindu Marriage Act: Bombay HC [Read Judgment]

Live Law  

Granting relief to a deceased railway employee's son, the Bombay High Court has held that compassionate employment cannot be denied to him just because he was born out of the employee's second marriage.A division bench of Justice AS Oka and Justice SK Shinde followed the decision of the apex court in Union of India and Anr vs. VR Tripathi and …

Exclusion of widowed Daughter in Laws in compassionate appointment schemes constitutionally impermissible : Chhattisgarh HC
9 years, 2 months ago

Exclusion of widowed Daughter in Laws in compassionate appointment schemes constitutionally impermissible : Chhattisgarh HC

Live Law  

High Court of Chhattisgarh has held that the exclusion of widowed daughter-in-law in compassionate appointment policy is constitutionally impermissible and to that extent void. Justice Sanjay K. Agrawal made this observation in Duliya Bai Yadav vs. State of Chhattisgarh.The High Court, in a petition filed by a widowed daughter in law of a deceased employee challenging the order rejecting. The …

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