The definition of family for employment purposes excludes sister-in-laws unless living together, highlighting natural justice in administrative decisions.

JUDGMENT :

Ajit Kumar, J.

Heard learned counsel for the parties.

2. By means of present petition filed under Article 226 of the Constitution, petitioner has prayed for quashing of the order dated 13.6.2025 passed by District Programme Officer, Bareilly cancelling the appointment of the petitioner as Anganbari Worker chiefly on the ground that petitioner's sister- in-law (jethani) was also working as Anganbari Assistant in the same block and the Government Order does not permit the posting of two women of the same family at same centre as Anganbari Worker and Anganbari Assistant.

3. Assailing the order impugned, learned counsel for the petitioner in the first instance submitted that order impugned has been without any notice and opportunity of hearing to the petitioner. Since order has adverse civil Consequences, petitioner ought to have been afforded her explanation in defence of appointment order. The legal aspect as to the bar created under the Government Order dated 21.5.2023, learned counsel for the petitioner submits that relevant Clause of the said order vide Clause 12 (iv) only this much provides that two ladies of the same family will not be appointed as Anganbari Worker and Anganbari Assistant at the same center. The relevant provisions as reproduced hereunder:

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4. It is argued that petitioner's sister-in-law (jethani) is living in a separate house having separate house number and hence she also does not fall within the definition of family of the husband of the petitioner may be she belongs to the family of her father-in-law, and therefore, within the definition of family, sister-in-law will not fall.

5. In support of this above submission, firstly, learned counsel for the petitioner has taken the Court the relevant document of family register which shows that petitioner's husband is living in house no. 126 whereas petitioner's sister-in- law, namely, Ramwati, W/o Prempal, brother-in-law, of the petitioner is living in separate house being no. 107.

6. Learned counsel for the petitioner has further taken the Court to the definition clause of family provided for government employee in the medical department for the purpose of medical assistance to dependents of the family in government department which provides for husband, wife, parents, step son, unmarried/ divorce /deserted sisters, minor, brother and step mother.

7. In respect of other support has been taken from the definition of family given under Order XXXII-A, Rule 6 that provides for definition of family consisting of man and his wife living with child or children being issue of heirs or of such man and such wife any child or children maintained being man and wife. Relevant provisions of CPC ,Rule 6 of CPC is reproduced hereunder:

"6. "Family"-Meaning of For the purposes of this order, each of the following shall be treated as constituting a family, namely-

(a) (i) a man and his wife living together,

(ii) any child or children, being issue of theirs; or of such man or such wife,

(iii) any child or children being maintained by such man and wife;

(b) a man not having a wife or not living together with his wife, any child or children, being issue of his, and any child or children being maintained by him;

(c) a woman not having a husband or not living together with her husband, any child or children being issue of her, sand any child or children being maintained by here;

(d) a man or woman and his or her brother, sister, ancestor or lineal descendant living with him or her; and

(e) any combination of one or more of the groups specified in clause (a), clause (b), clause (c) or clause (d) of this rule.

Explanation: For the avoidance of doubts, it is hereby declared that the provisions of rule 6 shall be without any prejudiced tot he concept of "family"in any personal law or in any other law for the time being in force."

8. Learned counsel for the petitioner in suppo