‘Remarriage restricted to benefit deceased’s kin’ | mumbai | Hindustan Times
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‘Remarriage restricted to benefit deceased’s kin’

mumbai Updated: Feb 04, 2010 01:38 IST
HT Correspondent

Restrictions on remarriage of widows appointed on compassionate grounds were imposed “to ensure the benefit is retained by the family of the deceased employee”.

That’s what the Brihanmum-bai Municipal Corporation (BMC) told the Bombay High Court on Wednesday.

A Class 4 civic employee, who was sacked after she remarried, moved the HC challenging the condition.

When a division bench of Justice F.I. Rebello and Justice J.H. Bhatia rapped the corporation for indirectly restricting remarriage of widows, BMC counsel Anil Sakhare contended the benefit of a compassionate appointment gets transferred to the family in which the widow remarries.

“The intention is to ensure the family of the deceased employee is taken care of,” he said, adding that BMC officials were reconsidering the decision to terminate her employment.

Refusing to limit the case to the petitioner, the court asked the BMC to file an affidavit justifying the condition. “The right to remarry can’t be taken away like this,” observed the HC.