Point of Law: . While it is correct that a daughter in law is not covered within the definition of “family” in the government order.

JUDGMENT :

MANISH MATHUR, J.

1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties.

2. Petition has been filed assailing order dated 12th January, 2022 whereby petitioner's application for allotment of fair price shop on compassionate ground has been rejected on the ground that she does not come within definition of “family” as drescribed in paragraph IV(10) of the Government Order dated 5th August, 2019 since petitioner is the daughter in law of the earlier fair price shop agreement holder.

3. Learned counsel for petitioner submits that initially petitioner's father in law namely late Shyam Lal was the fair price shop agreement holder of the fair price shop in question, who passed away on 27th November, 2021 and petitioner being his daughter in law filed the application for compassionate appointment. It is submitted that the petitioner otherwise is fully eligible to be appointed a fair price shop dealer of the shop in question. It has been further submitted that the aspect that daughter in law does not come within the preview of “family” has already been dealt with by this Court in the judgment and order dated 22nd November, 2021 passed in Writ (C) No. 18519 of 2021, Pushpa Devi vs. State of U.P. and Others in which the petition for compassionate appointment by daughter in law was allowed placing reliance on the Full Bench judgment of this Court in the case of U.P. Power Corporation Limited vs. Smt. Urmila Devi, 2011 (3) ADJ 432. As such it is submitted that the impugned order is clearly against the dictum of this Court.

4. Learned State Counsel refuting submissions advanced by learned counsel for petitioner submits that petitioner's application for compassionate appointment could have been decided only in terms of the government order applicable in the matter and since a daughter in law has not been defined as a part of family in paragraph IV(10) of the government order dated 5th August, 2019 petitioner's application was rightly rejected.

5. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is apparent that petitioner's case is fully covered by the judgment of this Court in the case of Pushpa Devi (surpa) and the Full Bench decision in the case of U.P. Power Corporation Limited (supra).

6. While it is correct that a daughter in law is not covered within the definition of “family” in the government order dated 5th August, 2019 but such an exclusion has already been held the ultra-vires the constitution of India in the judgment rendered by Full Bench of this Court in the case of U.P. Power Corporation Limited (supra). Relevant portion of the judgment is as follows:

“We must, however, note one feature of the definition of the word “family” as generally contained in most Rules. The definition of “family” includes wife or husband; sons; unmarried and widowed daughters and if the deceased was an unmarried government servant, the brother, unmarried sister and widowed mother dependant on the deceased government servant. It is, therefore, clear that a widowed daughter in the house of her parents is entitled for consideration on compassionate appointment. However, a widowed daughter-in-law in the house where she is married, is not entitled for compassionate appointment as she is not included in the definition of “family.” It is not possible to understand how a widowed daughter in her father's house has a better right to claim appointment on compassionate basis than a widowed daughter-in-law in her father-in-law's house. The very nature of compassionate appointment is the financial need or necessity of the family. The daughter-in-law on the death of her husband does not cease to be a part of the family. The concept that such daughter-in-law must go back and stay with her parents is abhorrent to our civilized society. Such daughter-in-law must, therefore, have also right to be considered for compassionate appointment as she is part