Budhan Choudhry And Other vs The State Of Bihar on 2 December, 1954
17. We are not oblivious of the settled legal position that
compassionate appointment is an exception to general rule. As per
the policy of compassionate appointment, State has already decided
to consider claims of the married daughters (Clause 2.4) for
compassionate appointment but such consideration was confined to
such daughters who have no brothers. After the death of
government servant, it is open to the spouse to decide and opt
whether his/her son or daughter is best suited for compassionate
appointment and take responsibilities towards family which were
being discharged by the deceased government servant earlier. The
offending clause which restricts such consideration only for such
married daughter is subject matter of consideration and
examination. The Constitution Bench of Supreme Court in Budhan
Choudhry (Supra) held that substantive law, procedural law or even
an action can be interfered with if it does not pass the "litmus test"