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Married Daughters of Deceased Govt Officials Eligible For Father's Job: Allahabad HC

Married Daughters of Deceased Govt Officials Eligible For Father's Job: Allahabad HC

In a landmark ruling the Allahabad high court said that a deceased (in-service) government official's married daughter is as eligible as her married brother for the job on compassionate grounds.

 

Manjul Srivastava a native of UP challenged an order passed in June 2020 by the district's basic education officer, who rejected her claim to be appointed to her father’s post. Justice J.J. Munir.

 

The education department of the district had dismissed her claim on the grounds that she was married of the deceased official and her appointment would be in violation of the provisions of the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974.

 

Justice J.J. Munir however, held that rejecting the claim of a deceased government official’s daughter for a job on compassionate grounds only because she is married would breach the fundamental rights guaranteed under Articles 14 and 15 of the constitution. The court said that even otherwise, the word ‘daughter’ figures in the rule without any adjective in the definition of deceased’s family and accordingly the word ‘daughter’ has to be read unqualified by her marital status.

 

The court asked the district education department to reconsider and decide Majul’s claim for a compassionate appointment within two months.

 

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