Case Note & Summary
The appellant, Kulsum Nisha, is the married daughter of Smt. Badrun Nisha, who was the dealer of a fair price shop in village Aariyawan, District Amethi, Uttar Pradesh. After the death of her mother on 04.03.2024, the appellant applied for compassionate appointment as a fair price shop dealer under the dependent quota. Her claim was rejected by the authorities on the ground that Paragraph IV, Sub-Paragraph 10 of G.O. No. 6 of 2019, issued by the State of Uttar Pradesh, defines 'family' to exclude a 'married daughter'. The appellant challenged this rejection before the High Court of Judicature at Allahabad, Lucknow Bench, which dismissed her petition. Aggrieved, she appealed to the Supreme Court. The Supreme Court examined the validity of the exclusionary clause. It noted that the 2016 Order, issued under Section 3 of the Essential Commodities Act, 1955, does not prescribe any marital status eligibility for appointment. The power to identify dependents is delegated to the State Government, but the State cannot impose conditions that are ultra vires the parent Order or violate constitutional guarantees. The court held that the exclusion of a married daughter from the definition of 'family' is discriminatory under Articles 14 and 15 of the Constitution, as it treats daughters differently based on marital status without any rational basis. The court emphasized that a married daughter remains a daughter and may be equally or more in need of compassionate appointment, especially when she is the sole earning member. The court read down the definition to include married daughters and directed the authorities to consider the appellant's application afresh. The appeal was allowed, and the impugned order of the High Court was set aside.
Headnote
A) Constitutional Law - Right to Equality - Discrimination on Ground of Marital Status - Articles 14 and 15 of the Constitution of India - Exclusion of married daughter from definition of 'family' for compassionate appointment is discriminatory and violative of fundamental rights - The court held that marital status cannot be a ground to deny a daughter the right to be considered as a dependent for compassionate appointment, as it perpetuates gender stereotypes and violates the right to equality (Paras 7-10). B) Essential Commodities Act - Fair Price Shop Appointment - Ultra Vires - Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution) Control Order, 2016, Clause 7(2)(i) - G.O. No. 6 of 2019, Paragraph IV, Sub-Paragraph 10 - The definition of 'family' excluding married daughter is ultra vires the 2016 Order, which does not prescribe any marital status eligibility - The court held that the State Government cannot impose additional disqualifications beyond the parent Order (Paras 3, 7). C) Compassionate Appointment - Welfare Scheme - Beneficial Interpretation - Married Daughter's Right - The court held that compassionate appointment is a welfare measure intended to provide immediate relief to the family of a deceased dealer - The exclusion of married daughter defeats the purpose of the scheme, especially when the daughter is the sole earning member and responsible for the family (Paras 4, 8-9).
Issue of Consideration
Whether the exclusion of a married daughter from the definition of 'family' in Paragraph IV, Sub-Paragraph 10 of G.O. No. 6 of 2019, for the purpose of compassionate appointment as a fair price shop dealer, is valid and constitutional.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court order, and directed the authorities to consider the appellant's application for compassionate appointment afresh, treating her as a dependent within the meaning of the G.O. by reading down the definition to include married daughters.
Law Points
- married daughter cannot be excluded from dependent quota for compassionate appointment
- definition of family must be read down to include married daughter
- G.O. No. 6 of 2019 sub-clause 10 of Paragraph IV is ultra vires the 2016 Order
- Articles 14 and 15 of the Constitution prohibit discrimination based on marital status
- compassionate appointment is a welfare measure
