JUDGMENT :

1. 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.

2. Heard Shri Ajay Madhavan, learned counsel for the petitioner, learned State Counsel representing the State-respondents, Ms. Rani Singh holding brief of Shri Gaurav Mehrotra representing the Uttar Pradesh Cooperative Rural Development Bank Ltd. and Shri Prashast Puri, learned counsel representing Uttar Pradesh Cooperative Institutional Service Board.

3. The petitioner's father was employed as Assistant Branch Accountant with the respondent-Bank, who unfortunately died in harness and accordingly the petitioner being his daughter made an application seeking compassionate appointment. However, the compassionate appointment, as claimed by the petitioner, has been denied solely on the ground that she is a married daughter of the deceased employee. In terms of the provisions contained in Regulation 104 of the Uttar Pradesh Cooperative Societies Employees' Service Regulations, 1975 (hereinafter referred to as 'Regulations 1975'), it is only unmarried daughter who is eligible for being offered compassionate appointment and not the married daughter. The claim of the petitioner was, thus, rejected by means of an order dated 29.01.2021, which is under challenge before us in this writ petition. Apart from challenging the said order of rejection of claim of the petitioner for compassionate appointment, the petitioner has also prayed for issuance of an appropriate writ striking down the word 'unmarried' occurring in Regulation 104 of Regulations 1975.

4. It appears that during pendency of the writ petition a proposal was made by Institutional Service Board to amend Regulation 104 of Regulations 1975, however, the said proposal has been turned down by the State Government and information to the said effect has been sent to the office of learned Chief Standing Counsel by the State Government which is contained in the letter dated 27.03.2023. The said letter dated 27.03.2023 is taken on record.

5. For governing the conditions of service of the employees of Cooperative Societies in the State of Uttar Pradesh, regulations have been framed by Uttar Pradesh Cooperative Institutional Service Board in terms of the provisions contained in Section 122 of Uttar Pradesh Cooperative Societies Act, 1965 (hereinafter referred to as 1965 Act') which empowers the Board to frame regulations regulating the conditions of service, however, such regulations are subject to approval of the State Government. It is in exercise of powers vested by Section 122 of the 1965 Act that 1975 Regulations have been made by the Board with the approval of the State Government and it is as per the requirement of Section 122 of 1965 Act that amendment in Regulation 104 of Regulations 1975 was proposed by the Board, however, the State Government has refused to accord its approval to the said proposal.

6. Regulation 104 of 1975 Regulations provides for recruitment of dependents of the deceased employees. A note is appended to said Regulation 104, according to which "family" includes the wife/husband, sons and unmarried or widowed daughters of the deceased employee. The amendment by the Board was proposed to include daughters irrespective of their marital status, however, the said amendment has not been acceded to by the State Government.

7. At this juncture, we may notice that so far as the State Government employees are concerned, compassionate appointments are governed by statutory prescriptions available in the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974. The said Rules have been framed under Article 309 of the Constitution of India and initially within the definition of the word "family",