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ALOK MATHUR
Madhavi Mishra – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Co-Operative Deptt. Lko. – Respondent
JUDGMENT :
1. Heard Sri O. P. Tiwari, learned counsel for the petitioner, learned Standing counsel for respondent Nos.1 and Sri Rakesh Kumar Chaudhary for respondent Nos. 2 to 5.
2. The short counter affidavit filed on behalf of respondent No.2 and its rejoinder affidavit filed today in the Court are taken on record.
3. With the consent of the parties the petition is being decided at the admission stage itself.
4. By means of the present writ petition the petitioner has assailed the order dated 29.6.2021 as well as the order dated 1.7.2022 passed by opposite party No.2 i.e. Secretary, Uttar Pradesh Cooperative Institutional Services Board, Lucknow thereby rejecting the claim of the petitioner for appointment under Dying in Harness Rules.
5. It is submitted on behalf of the petitioner that her father Sri Sunil Kumar Mishra, who was working on Class IV Post in District Cooperative Bank, died during service on 7.1.2021 leaving behind the petitioner and his widow. It is stated that the mother of the petitioner is also a cancer patient and the petitioner, who is a married lady is living with her mother and looking after after her. It is stated that due to sudden demise of father of the petit
Point of Law : Exclusion of married daughter from ambit of family in the Note appended in sub clause (V) in Regulation 104 of the Regulations of 1975 is illegal, unconstitutional and violative of Art....
The exclusion of married daughters from the definition of 'dependent' in Rule 2(c) of the Rules of 1996 was discriminatory and violative of Articles 14 to 16 of the Constitution of India.
Married daughters are entitled to compassionate appointment on par with sons, as marital status does not negate their familial ties or dependency.
Point of law: undisputedly the petitioner is the elder daughter of the deceased and she along with her husband is staying at the place of the deceased even after her marriage. In the society, there a....
Marriage does not bring about a severance of relationship between a father and mother and their son or between parents and their daughter. Marriage cannot be regarded as a justifiable ground to defin....
Married daughters are entitled to compassionate appointment, and discrimination based on marital status violates Articles 14 and 15 of the Constitution.
The main legal point established in the judgment is the unconstitutionality of excluding married daughters from the definition of 'family' of dependents for compassionate appointment, emphasizing the....
Exclusion of married daughters from compassionate appointment violates constitutional rights to equality and non-discrimination; eligibility should be based on dependency, not marital status.
The court established that divorced daughters are entitled to compassionate appointment, aligning with constitutional principles of equality and non-discrimination.
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