Married daughters are not entitled to get appointment in deceased dependent quota, rules Allahabad HC

Prayagraj, 02 October: The Allahabad High Court has said in its important decision that married daughters are not entitled to get appointment in the deceased dependent quota.

Giving three reasons for this, the court said that first under the regulation 1995 made for educational institutions in UP, the married daughter is not included in the family. The demand for appointment in the second dependent quota cannot be made as a matter of right. The petitioner hid that her mother was getting family pension. She is not dependent on the petitioner. Thirdly, according to both law and tradition, a married daughter is dependent on her husband and not dependent on the father.

The court, while accepting the special appeal of the state government, quashed the order on August 9, 2021 giving appointment to the married daughter of the single bench in the dependent quota. This decision has been given by a division bench of Acting Chief Justice MN Bhandari and Justice Vivek Agarwal.

Madhavi Mishra demanded appointment as a married daughter on the basis of the Vimala Srivastava case in the deceased dependent quota. The father of the petitioner was working as an ad-hoc principal in Inter College. He died during the service.

The Additional Chief Standing Counsel of the State Government said that the widow, widower, son, unmarried or widowed daughter are entitled to get appointment in the dependent quota under the Dependent Regulations 1995, General Clause Act 1904, Intermediate Education Act and the mandate of July 30, 1992. It is assumed. The deceased dependent service rules of 1974 do not apply to the appointment of the college. The single bench has wrongly ordered the appointment on the basis of this. However, the general category post is not vacant. The widow of the deceased is getting pension. District School Inspector Shahjahanpur has not made a mistake by refusing to appoint.

The petitioner advocate said that the government has adopted a welfare policy. In the Vimala Srivastava case, the court has declared the distinction between son and daughter on the ground of being married as unconstitutional and quashed the word unmarried in the rules.

The court said that the rule of appointment of a dependent is made to help in the financial crisis arising out of the sudden death of the earner. There are separate rules for appointment in the dependent quota of recognized aided colleges. In such a situation, the Rules of 1994 of Government Servants will not be applicable in this.

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