Gender bias while considering claim for compassionate appointment is not permissible
Wife of the deceased employee seeking compassionate appointment on post Shramik in State Road Transport Corporation (ASPRTC). Claim for the compassionate appointment cannot be rejected, for reason that women lack the physical strength to perform tasks relating to post in Road Transport Corporation.
Article 14 of the Constitution of India prohibits the State from denying any person equality before the law. Article 15 prohibits discrimination on the ground of religion, race, caste, sex or place of birth. Equality before law guaranteed under Articles 14, 15 and 16 is a Constitutional right to every citizen.
Hon'ble Justice Battu Devanand aptly quoted, “Women of this nation have proven themselves at every stratification of society. We have women daily wage workers, who lift kilos of sandbags for a living and we also have women pilots, who carry an entire plane with their strength. To emphasis more, we have women Teachers, Doctors, Lawyers, Judges, Software employees, Wrestlers and Champions, who own us Medals at world tournaments. We have women everywhere we require strength.”
He further added, “Living in a nation known for moving at a rapid pace towards gender equality, it is highly ironic that same nation’s instrumentalities like APSRTC, etc., through their highly discriminative rules and circulars, indifferently and explicitly are advocating gender bias.”
Circular issued by Vice Chairman and Managing Director of ASPRTC, discriminating against women for entitlement to posts of Shramik, Mechanic and Chargeman (Printing), struck down, for being violative of Articles 14, 15, 16 and 21 of Constitution of India.
