Hon'ble Sudhanshu Dhulia, J. (Oral)
1. Counter affidavit filed in Court today is taken on record.
2. The petitioner is a woman candidate who seeks appointment on compassionate ground in Bazpur Cooperative Sugar Factory. Father of the petitioner was employed in the department and died in harness on 27.08.2010
3. The petitioner alleges that she has been given appointment on temporary basis for 20 days period, which is extended from time to time. She further alleges that she is not being given permanent appointment on compassionate ground because she is a woman candidate, hence the petitioner alleges “gender bias” against the respondents, which is violative of Article 14 of the Constitution of India.
4. This Court has decided similar controversy in the case of Smt. Manju Singh v. State of Uttarakhand(Writ Petition No. 14 (SS) of 2011). It is a clear case of “gender bias”. The Hon'ble Apex Court in a seminal decision in the case of Air India v. Nargesh Meerza reported in [AIR 1981 SC 1829] has also held “gender bias” to be violative of Article 14 of the Constitution of India.
5. As such, this Court directs the respondents to consider permanent appointment to the petitioner on compassionate ground in accordance with law. Merely because the petitioner is a woman permanent appointment on compassionate ground shall not come in her way. The needful be done within a period of six weeks from the date a certified copy of this order is produced before him.
6. With the aforesaid direction, the writ petition is disposed of.
7. No order as to costs.
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