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High Court: Married daughter cannot be separated from definition of family A to Z Counsel

High Court: Married daughter cannot be separated from definition of family


Allahabad High Court
– Photo: Amar Ujala

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The Allahabad High Court has set aside the order of the Chief Medical Officer of Meerut not to include a married daughter in the definition of family. The court has said that even a married daughter comes under the definition of family. On this basis, an order has been issued to give job to the married daughter in place of the father under the deceased dependent quota.

The High Court has given this order after hearing the petition of Aruna of 119-J Block Colony Mohalla Khajuri, Door Parikshitgarh, Meerut. Aruna challenged the order of the Chief Medical Officer dated 11 December 2018 in the High Court. In this, the CMO rejected Aruna’s application for job in place of father in the deceased dependent quota, saying that she is married and does not come under the definition of family.

In the petition filed in this case, Aruna vs. State of UP, it was said that the father of the petitioner was posted in Parikshitgarh Community Health Center as sweeper cum watchman. He died suddenly on July 4, 2018. After which his daughter, presenting no objection on behalf of the entire family, had applied before the Chief Medical Officer, Meerut, for a job under the deceased’s dependent quota.

In front of Justice Vikram D Chauhan, advocate Vivek Kumar Srivastava presented his side on behalf of the petitioner Aruna. He said that the order passed by the Chief Medical Officer is in violation of Articles 14 and 15 of the Constitution. Merely on the ground that the applicant is married, she cannot be denied employment in place of her father. On this, the court quashed the order of CMO and passed an order to provide job to Aruna in place of her father Shyamlal as per prescribed law.

Expansion

The Allahabad High Court has set aside the order of the Chief Medical Officer of Meerut not to include a married daughter in the definition of family. The court has said that even a married daughter comes under the definition of family. On this basis, an order has been issued to give job to the married daughter in place of the father under the deceased dependent quota.

The High Court has given this order after hearing the petition of Aruna of 119-J Block Colony Mohalla Khajuri, Door Parikshitgarh, Meerut. Aruna challenged the order of the Chief Medical Officer dated 11 December 2018 in the High Court. In this, the CMO rejected Aruna’s application for job in place of father in the deceased dependent quota, saying that she is married and does not come under the definition of family.

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