LAWS(UTN)-2017-4-19

ANJULA SINGH Vs. UDHAM SINGH NAGAR

Decided On April 06, 2017
Anjula Singh Appellant
V/S
UDHAM SINGH NAGAR Respondents

JUDGEMENT

(1.) The father of the petitioner died in harness on 23.02.2014. He was the employee of Udham Singh Nagar District Co-operative Bank Limited. Petitioner submitted an application seeking appointment on compassionate grounds. The application was rejected vide order dated 02.05.2016 primarily on the ground that 'married daughter' is not included in the definition of the "family". The compassionate appointment is regulated by U.P. Cooperative Committee Employees Service Regulations, 1975. In a note appended to the expression "Family", the married daughter is not included.

(2.) Mr. Pankaj Miglani has vehemently argued that the note appended to regulation i.e. U.P. Co operative Committee Employees Service Regulations, 1975 is arbitrary and unreasonable, since, it excludes the married daughter for getting compassionate appointment after the death of her father. The note given under the U.P. Co-operative Committee Employees Service Regulations, 1975 is also violative of Articles 14, 15 & 16 of the Constitution of India, since the married son is not excluded but only married daughter is excluded from getting the job on the compassionate grounds.

(3.) Learned counsel appearing for respondents has supported the U.P. Co-operative Committee Employees Service Regulations, 1975.