Daughter’s marital status alone cannot be ground to reject an application for a compassionate appointment, says HC

It has been reiterated by the Lucknow bench of the Allahabad High Court that a daughter’s marital status alone cannot stand as a ground for rejecting her application for compassionate appointment in terms of the U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974.

Justice Manish Mathur in this judgement directed the state for reconsideration of the Petitioner’s application to appoint her in place of her deceased father. He held  “In view of the fact that petitioner’s candidature has been rejected only on the ground of her marital status, a writ in the nature of certiorari is issued quashing the order dated 9th October 2019/ 10th October 2018. A further writ in the nature of mandamus is issued commanding the opposite parties to reconsider petitioner’s candidature for compassionate appointment ignoring her marital status.”,

This is not the first time the Allahabad High Court is dealing with this point of law. The high court has already settled this question of law on different occasions before. In the case of Smt. Vimla Srivastava v. State of UP & Ors, a division bench the HC had held that it is unconstitutional to exclude married daughters from the ambit of the expression, ‘family’ as given in  Rule 2(c) of the Rules of 1974.

The word ‘unmarried’ in Rule 2(c) (iii) of the said Rules was also struck down by the bench.

Later, in Neha Srivastava v. State of UP & Ors, a similar view was adopted by another division bench of the high court. The ruling, in this case, was upheld by the SC while dismissing a Special Leave Petition from this judgment in the year 2016.

In this context. Justice Mathur said, “Once exclusion of married daughters from the ambit of expression ‘family’ under the aforesaid rules has already been held to be unconstitutional and the word ‘unmarried’ has already been struck down by two division benches of this Court as upheld by Hon’ble the Supreme Court, there is no further dispute required to be adjudicated upon due to which present writ petition is being decided at the admission stage itself.”

The concerned authority has been directed by the court to pass a reasoned order in the matter within a period of four weeks.


Angel Mary Aju

Law student at Government Law College, Mumbai.
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