Daughters Can Apply For Compassionate Appointment Irrespective Of Their Marital Status: Allahabad High Court On Co-op Society Regulations

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.

A bench comprising Justices Devendra Kumar Upadhyaya and Om Prakash Shukla observed that the State has recognised the right of daughters irrespective of their marital status while amending the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974. The same recognition should be granted to daughters under the 1975 Regulations.

Petitioner's father, employed as Assistant Branch Accountant with the respondent-Bank, died in harness. Based on Regulation 104 of the U.P. Cooperative Societies Employees' Service Regulations, 1975, Petitioner was denied compassionate appointment as under the said provision only unmarried or widowed daughter is eligible for compassionate appointment.

Petitioner challenged the rejection order as well as the word 'unmarried' occurring in Regulation 104 of 1975 Regulations.

Section 122 of U.P. Cooperative Societies Act, 1965 empowers U.P. Cooperative Institutional Service Board to frame regulations regarding the conditions of service of the employees of Cooperative Societies in Uttar Pradesh. Such regulations are subject to approval of the State Government.

The Court noted that during the pendency of the petition, the Board made recommendations to amend Regulation 104 of 1975 Regulations and add the word ‘daughter’ in place of ‘unmarried or widowed daughter’ to include married, unmarried as well as widowed daughter. However, it was turned down by the State Government.

Relying on the decisions of the Allahabad High Court in Smt. Vimla Srivastva Vs. State of Uttar Pradesh and Another and Neha Srivastava Vs. State of U.P. & Another, which has been affirmed by the Supreme Court, the Court observed that the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 have been amended by the State Government to include ‘daughters’ irrespective of their marital status within the ambit ‘family’.

The Court held that there was no justification given by the State while refusing to include married daughters as ‘family’ of an employee who dies in harness. No valid difference can be made between the employees of the State Government and those who worked in Cooperative Society of the State for the purpose of compassionate appointment, it held.

"Facts of this case presented before us manifest as to how the State can still be apathetic towards the cause of gender justice despite a clear declaration of law by Hon'ble the Supreme Court in the matter of compassionate appointment."

Accordingly, the respondent-Bank was directed to consider the application of the Petitioner for compassionate appointment.

Case Title: Neelam Devi vs. State Of U.P.Thru Prin.Secy.Co-Operative Lko And Ors  [Writ A No. 18566 of 2021]

Case Citation: 2023 LiveLaw (AB) 219

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