Married daughter has the same rights as a married son when it comes to seeking an appointment on compassionate grounds

Sonali Rajput | KLE Society Law College,Bangalore | 31st March 2020

Anjula Singh v Udham Singh Nagar District Cooperative Bank Ltd and ors., Civil Writ Petition No. 953 of 2016

FACTS :

The father of the petitioner died in harness on 23/02/2014. He was the employee of Udham Singh Nagar District Cooperative Bank Ltd . Petitioner submitted an application seeking appointment on compassionate grounds. The application was rejected vide order dated 02/05/2016 primarily on the ground that ‘ married daughter’ is not included in the definition of the “family”. The compassionateappointment is regulated by the U.P Cooperative Committee Employees Service Regulations,1975. In a note appended to the expression “family”, the married daughter is not included.

ISSUE

Whether a married daughter is equivalent to married son for filing an application for compassionate grounds after the death of her father .

JUDGEMENT

The HC of Uttarakhand held that the note appended to Rule 104 of the U.P Cooperative Employees Service Regulations,1975 is violative of Articles 14,15 & 16 of the Constitution of India. It also creates an artificial classification between married son and married daughter only on the basis of sex. Since married son is included in the definition of the “family” , there is no reason why the married daughter should not be included in the definition of “family”. It is a case of gender discrimination.

Son and daughter are supposed to take care of the parents at the old age. The married son is to be treated at par with the unmarried daughter. Not considering the married daughter for compassionate appointment merely on the basis of marriage is patently arbitrary and unreasonable.

Accordingly, the Writ Petition is allowed. The exclusion of married daughter from the ambit of the expression “family” in note appended under Rule 104 of U.P Cooperative Committee Employees Service Regulations,1975 is declared illegal and unconstitutional, being violative of Articles 14,15 &16 of the Constitution of India and respondents are directed to consider the claim of the petitioner for compassionate appointment, within a period of eight weeks from today.