The Allahabad high court has ruled that a married daughter of a government official who dies during his service is as eligible as her married brother for the job on compassionate grounds.
Justice J.J. Munir gave the ruling on a plea by Manjul Srivastava, a native of the state who challenged a June 2020 order of the Prayagrajâ€™s district basic education officer, rejecting her claim to be appointed to her fatherâ€™s post on compassionate grounds following his death during service.
The districtâ€™s education department had dismissed her claim, saying she was a â€œmarried daughterâ€ of the deceased official and her appointment would violate the provisions of the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974.
The high court, however, held that a married daughter is as eligible for government jobs on compassionate grounds as a married son or an unmarried daughter.
The bench held that rejecting the claim of a deceased government officialâ€™s daughter for a job on compassionate grounds only because she is married would breach the fundamental rights guaranteed under Articles 14 and 15 of the constitution.