Exclusion of a married daughter from the ambit of expression of “family” as defined under Rule 2(c) of the Rules is illegal and unconstitutional. Therefore, the appointment of a married daughter on a compassionate basis is not illegal. Such an opinion was held by the Hon’ble Allahabad High Court before Hon’ble Chief Justice RAJESH BINDAL & Hon’ble Justice PIYUSH AGRAWAL in the matter of State of U.P. through Secretary Ministry of Labour and ors vs Pooja Singh [Writ-A No. 42491 of 2017].
The facts of the case were that the father of the respondent died in service, at the time of the death she was minor, and on attaining maturity she applied for an appointment on a compassionate basis on 13.10.1999. While the pendency of such application she got married on 01.12.2001. It was the contention of the plaintiff that the respondent has knowingly concealed the fact that she is married.
The Hon’ble High Court referred to the judgment given in the case of Smt. Vimla Srivastava Vs. The State Of U.P. And Another 2016(1) ADJ 21 (DB) wherein the Hon’ble court held that “This Court held that exclusion of married daughter from the ambit of expression of “family” as defined under Rule 2(c) of the Rules is illegal and unconstitutional, hence was struck down.”
Additionally, the Hon’ble High Court observed that “it is evident that when the respondent filed an application seeking compassionate appointment, she was not married as she is stated to have married on December 01, 2001, whereas the application for compassionate appointment was filed on October 13, 1999. Hence, it is not a case of concealment of fact in the application filed by the respondent. ”
Finally, the Hon’ble High Court dismissed the appeal.
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Judgment Reviewed by: Rohan Kumar Thakur
