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ALLAHABAD HIGH COURT REITERATES THAT MARRIED DAUGHTERS ARE ELIGIBLE FOR COMPASSIONATE APPOINTMENT

15th January 2021

ALLAHABAD HIGH COURT REITERATES THAT MARRIED DAUGHTERS ARE ELIGIBLE FOR COMPASSIONATE APPOINTMENT

Justice Munir gave the ruling on a plea by Manjul Srivastava, challenging the order of prayagraj’s district basic education officer, who rejected Manjul Srivastava’s claim to appoint her on fathers post on compassionate grounds.
The district’s education department had dismissed her claim, by stating that appointing a “married daughter” on her deceased father’s post would violate the provisions made under Uttar Pradesh recruitment of dependents of Government Servants Dying in Harness Rules, 1974.
However, the high court held that a married daughter is eligible for Government jobs on compassionate grounds. The bench held that dismissing her claim would result into violation of fundamental rights guaranteed under Article 14 and 15 of the Constitution of India.
Earlier, in Vimla Srivastava’s case, the court held that the exclusion of daughter from the definition of “Family” was unconstitutional and also considered as violative of Articles 14 and 15 of the Constitution of India.
Even though the state has not amended the said rule, it cannot be considered as a provision for deciding the claim of a married daughter. Further, the court held that the relevant rules do not require any amendment to allow the government to give the job on compassionate grounds to a married daughter of a deceased government servant.
The court has ordered the district education officer to consider Manjul’s claim for compassionate appointment without referring to her marital status, within 2 months.

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Publisher: Shuvasmita Nanda

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