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REDDYANDREDDYASSOCIATES 55dafb5d4ec0a407c44969ae Services https://www.reddyandreddylawfirm.com

GUIDELINE EXCLUDING MARRIED DAUGHTERS FROM EX-S...

  • 2023-01-16T05:28:58

GUIDELINE EXCLUDING MARRIED DAUGHTERS FROM EX-SERVICEMEN SCHEME STRIKED DOWN: KARNATAKA HIGH COURT The guidelines issued by the Department of Sainik Welfare and Resettlement had a criterion stating that married daughters under the age of 25 years would be ineligible for issuance of department identity cards. These id cards would make them eligible to apply for government jobs in the reserved category for ex-servicemen. A petition was filed by Priyanka Patil, daughter of deceased Subedar Ramesh Khandappa Police Patil who was killed in action, to strike down guideline 5(c) holding it to be violative of Articles 14 and 15 of the Constitution of India. The bench stroked the words “till married” in the guideline and directed that the id card to be issued to her within 2-weeks if other parameters were satisfactory. The bench highlighted the discriminatory part of guideline that allowed sons to get the benefit whether of not they were married. The bench said “If the son remains a son, married or unmarried; a daughter shall remain a daughter, married or unmarried. If the act of marriage does not change the status of the son; the act of marriage cannot and shall not change the status of a daughter.” The Court further suggested that the nomenclature is in imperative ned of change from ‘ex-servicemen’ to that of ‘ex-service personnel’. With a team of Commercial Law experts, Reddy & Reddy Law Firm has extensive experience and involvement in commercial disputes, including Insolvency Proceedings. We are regularly involved in representations before NCLT, NCLAT, DRT and other commercial tribunals in India.

GUIDELINE EXCLUDING MARRIED DAUGHTERS FROM EX-SERVICEMEN SCHEME STRIKED DOWN: KARNATAKA HIGH COURT The guidelines issued by the Department of Sainik Welfare and Resettlement had a criterion stating that married daughters under the age of 25 years would be ineligible for issuance of department identity cards. These id cards would make them eligible to apply for government jobs in the reserved category for ex-servicemen. A petition was filed by Priyanka Patil, daughter of deceased Subedar Ramesh Khandappa Police Patil who was killed in action, to strike down guideline 5(c) holding it to be violative of Articles 14 and 15 of the Constitution of India. The bench stroked the words “till married” in the guideline and directed that the id card to be issued to her within 2-weeks if other parameters were satisfactory. The bench highlighted the discriminatory part of guideline that allowed sons to get the benefit whether of not they were married. The bench said “If the son remains a son, married or unmarried; a daughter shall remain a daughter, married or unmarried. If the act of marriage does not change the status of the son; the act of marriage cannot and shall not change the status of a daughter.” The Court further suggested that the nomenclature is in imperative ned of change from ‘ex-servicemen’ to that of ‘ex-service personnel’. With a team of Commercial Law experts, Reddy & Reddy Law Firm has extensive experience and involvement in commercial disputes, including Insolvency Proceedings. We are regularly involved in representations before NCLT, NCLAT, DRT and other commercial tribunals in India.

  • 2023-01-16T05:28:58

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