Title: Neelam Devi vs. State Of U.P.Thru Prin.Secy.Co-Operative Lko And Ors
Dated: 17th July, 2023
WRIT – A No. – 18566 of 2021
CORAM: Hon’ble Devendra Kumar Upadhyaya, J. Hon’ble Om Prakash Shukla, J.
Introduction.
The Allahabad High Court struck down the word ‘unmarried’ occurring before ‘daughter’ in the note appended to Regulation 104 of U.P. Cooperative Societies Employees’ Service Regulations, 1975 which governs eligibility for compassionate appointment.
Analysis.
When the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, were amended, a bench made up of Justices Devendra Kumar Upadhyaya and Om Prakash Shukla noted that the State has recognised the right of daughters regardless of their marital status. Under the 1975 Regulations, daughters should be given the same honour.
The Court ruled that the State’s refusal to count married daughters as “family” of an employee who perishes in harness lacked any basis. According to the ruling, there is no legitimate distinction that can be drawn for the purposes of compassionate appointment between employees of the State Government and those who worked for the State Cooperative Society.
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