In a landmark judgment, Allahabad High Court has made married daughters of deceased government employees eligible for appointments on compassionate grounds in government jobs.
A bench comprising Chief Justice DY Chandrachud and Justice Yashwant Verma passed the order on a petition filed by a woman from Azamgarh district.
Petitioner Vimala Srivastava had challenged the validity of clauses 2C-3 of Uttar Pradesh Recruitment of Government Servants Dying in Harness Rules whereby only unmarried or widowed daughters of deceased government employees could be considered for appointment on compassionate grounds.
Allahabad High Court, in its order on Friday, declared the clause 2C-3 unconstitutional which means the word "unmarried" prefixed before the daughter, will now be removed from the relevant section of rules.
The court also observed that when married son could get jobs on compassionate grounds then there is no reason to deny the same to married daughter.
The Allahabad high court decision Cleary gives opportunity to married daughters who were earlier not eligible for government jobs on compassionate ground as per rule.
In this significant judgment the two judges bench also underlined that denying appointment to married daughter under compassionate quota is also gender discrimination.
The court also observed that when married son could get jobs on compassionate grounds then there is no reason to deny the same to married daughters.
The judgment will certainly have a long lasting effect towards building a gender equal society.
The court has asked the state government that why divorced daughter be not eligible for appointment on compassionate grounds.
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