In a significant ruling, the Allahabad High Court, Lucknow Bench, upheld the rights of widowed daughters to compassionate appointments, affirming gender equality. The Court decided in favor of the petitioner, Punita Bhatt alias Punita Dhawan, ordering Bharat Sanchar Nigam Limited (BSNL) to reconsider her application within two months.
Case Background
Punita Bhatt, a widowed daughter of Om Prakash Bhakta—a former Telecom Office Assistant at BSNL—applied for a compassionate appointment after her father’s death in 2011. Having lost her husband in 2009, she was living with her father, along with her young son, at the time of his passing. Despite family support, BSNL rejected her 2016 application, citing that their policy did not clearly recognize "widowed daughters" as dependents. The rejection was later upheld by the Central Administrative Tribunal (CAT) in early 2023, leading Punita to seek justice from the High Court.
Key Legal Questions
The case centered around two key issues:
1. Definition of Family: Should widowed daughters be included under "daughter" in BSNL’s compassionate appointment policy?
2. Constitutional Concerns: Does excluding widowed daughters breach Articles 14 and 15, which ensure equality and prohibit gender-based discrimination?
Court's Observations
The ruling, penned by Justice Om Prakash Shukla, emphasized that compassionate appointments should be based on dependency, not marital status. The Court criticized restrictive interpretations of "family," underlining that a daughter remains connected to her parents throughout her life, regardless of marriage.
Dependency Matters: The Court highlighted that a widowed daughter, often left vulnerable without financial support, deserves equal treatment as any other dependent.
Constitutional Rights: The exclusion of widowed daughters was deemed discriminatory, violating fundamental rights to equality (Article 14) and protection from gender-based discrimination (Article 15).
Broad Interpretation: Drawing from prior judgments, the Court adopted a progressive view, recognizing the inherent ties between parents and daughters.
Court's Decision
The High Court overturned CAT’s decision and instructed BSNL to assess Punita's eligibility under the 1998 Office Memorandum guidelines. It made clear that widowed daughters qualify as “daughters” if they were dependent on their deceased parent at the time of death. Dependency must be established by the authorities; if proven, the applicant should not be excluded on technicalities.
Legal Representation
Punita’s legal team, including Advocates Pankaj Kumar Tripathi, Bhavini Upadhyay, and Sandhya Dubey, argued for her dependency, while BSNL's counsel, Advocates Pratul Kumar Srivastava and Gyanendra Singh Sikarwar, maintained that current guidelines did not recognize widowed daughters.
This judgment is a step forward for gender equality, affirming that dependency, not gender or marital status, is the key criterion for compassionate appointments, ensuring widowed daughters are no longer sidelined in times of need.
Advotalks: Talk To Lawyers https://www.advotalks.com/
For More Legal Updates visit our youtube channel
