Court Declares Exclusion of Married Daughters from Welfare Measures as Arbitrary and Unconstitutional
In a significant ruling, the Allahabad High Court, presided over by Justice Arun Kumar Singh Deshwal, has set aside an order rejecting the compassionate appointment of a married daughter as a fair price shop dealer. The court declared the rejection, based solely on her marital status, as arbitrary and violative of Article 14 of the Constitution of India. This landmark decision underscores the constitutional mandate against gender-based discrimination and affirms the rights of married daughters to be considered for welfare measures.
The petitioner, Reena Devi Patel, sought compassionate appointment as a fair price shop dealer following the demise of her father, Raj Bahadur Patel, who was a dealer himself. Her application was initially rejected by the Sub-Divisional Magistrate of Raniganj, Pratapgarh, citing her status as a married daughter, which was deemed outside the definition of "family" under the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016.
Represented by Advocate Daya Shankar Yadav, Patel contested the rejection, arguing that her marital status should not exclude her from compassionate appointments if she meets all other eligibility criteria, such as local residence and dependency on the deceased. The court agreed, referencing the Supreme Court's judgment in Kulsum Nisha v. State of U.P., which held that married daughters should not be excluded from such considerations.
Justice Deshwal emphasized that the definition of "family" under Clause 2(p) of the Control Order, 2016, should include married daughters if they establish dependency on the deceased and meet other conditions like local residence and obtaining no objection from other adult family members. The ruling further highlighted that the arbitrary classification of daughters into married and unmarried categories for welfare measures is unconstitutional.
The court directed the Sub-Divisional Magistrate to reassess Patel's application in light of the judgment, ensuring compliance with the constitutional principles of equality and non-discrimination. The entire process is to be completed within two months.
This judgment not only reaffirms the rights of married daughters but also sets a precedent for future cases, ensuring that marital status does not unjustly impede access to welfare entitlements.
Bottom line:-
Compassionate appointment - Married daughter cannot be excluded from consideration for appointment as a fair price shop dealer on compassionate grounds merely on the basis of marital status.
Statutory provision(s): Article 14 of the Constitution of India, U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 Clause 2(p), Government Order dated 05.08.2019
Reena Devi Patel v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2927087
