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The authority should not have rejected the application merely on the ground that the petitioner is married as it offends equality doctrine being the basic structure of the Constitution of India. One time financial benefit on account of gratuity cannot be said to be sufficient to cater the day to day need. Furthermore, payment of retiral benefit cannot be treated the family to be financially sound.

The authority, before arriving at the finding relating to financial status of family, should have made an independent enquiry. It further appears that the said authority did not record his satisfaction as to the financial status of the family of the deceased and was merely swayed by the fact that the petitioner is married.