June 3, 2026 6:27 AM

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Excluding married daughters from family definition is arbitrary and unconstitutional: Supreme Court

The Supreme Court has held that married daughters cannot be excluded from compassionate appointment, saying that the omission of married daughters from the definition of family is manifestly arbitrary, unjustified and constitutionally untenable. 
 
A bench comprising Justices PS Narasimha and Alok Aradhe made the observation while setting aside an order of the Allahabad High Court. The High Court had held that the definition of family does not include a married daughter for the purpose of compassionate appointment.
 
In a compassionate appointment, the government gives a job to a family member if an employee dies while in service or retires early due to medical reasons.
 
The top court was hearing an appeal filed by a woman, a married daughter of a deceased dealer, who challenged an order of the high court that rejected her claim for appointment as a fair price shop dealer on compassionate grounds.
 
The woman challenged a 2019 government order that excluded married daughters from the definition of family.