Married daughter will also be entitled to appointment on compassionate grounds in place of the deceased parent. These instructions have been given by High Court Allahabad Uttar Pradesh.
The Municipal Commissioner of Lucknow has been ordered to look into the posting of the petitioner. The Lucknow Bench of the Allahabad High Court, in an important decision related to service in the interest of government employees, said that a married daughter is also entitled to compassionate appointment. Justice Chandradhari Singh has ordered the Lucknow Municipal Commissioner to look into the posting of petitioner Anju Yadav.
The petitioner submitted that his mother was working as a gangman in the tax section of Lucknow Municipal Corporation. He died on 9 April. Being the sole legal heir, he claimed compassionate appointment under the Deceased Dependents Rules 1974. This was rejected by the competent authority on June 30, holding that a married daughter was not entitled to compassionate appointment.
Challenging this order in the High Court, the petitioner had requested the Municipal Commissioner to give instructions to look into his case again. In the petition, quoting the example given by the Supreme Court in the case of 'Smt Vinay Kumari v State of UP and others', said that the married daughter is also included as a member of the family in the deceased dependent manual. Therefore, the order of dismissal of the claim deserves to be set aside.
On the other hand, the public prosecutor opposed the petition. After the hearing, the court said that the petitioner is also included as a 'family member' under the deceased dependents rules. In that case the petition is allowed. The court set aside the order dismissing the petitioner's claim. Also ordered the Municipal Commissioner that if there is no legal impediment, then under the precedent of the Supreme Court, the petitioner's claim of posting on compassionate grounds should be looked into afresh in three months.
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