Child from second marriage entitled to compassionate appointment in government jobs: HC
The Allahabad high court has ruled that a child born from a second wife, if the marriage has taken place during the lifetime of the first wife, is also entitled to be appointed in the state government on compassionate grounds.lucknow Updated: Sep 20, 2017 15:24 IST
The Allahabad high court has ruled that a child born from a second wife, if the marriage has taken place during the lifetime of the first wife, is also entitled to be appointed in the state government on compassionate grounds.
Appointment on compassionate grounds is made when the family’s bread earner dies in service.
In this case, the petitioner had moved court, challenging the district magistrate’s order by which he had rejected an application for appointment on compassionate grounds by saying the second marriage of the late Mewaram Sharma was void and therefore he (the son) had no right of appointment on compassionate grounds.
The court passed the order after hearing the petitioner’s counsel and Bipin Bihari Pandey, additional chief standing counsel of the state government.
Justice Yashvant Varma was of the view that the relationship between the parents may not be sanctioned by law, but the birth of a child in such a relationship has to be viewed independently of the relationship of the parents. A child born in such a relationship is innocent and is entitled to all the rights which are given to other children born in a valid marriage.
The court ruled that as per the settled position of law, the stand taken by the DM is unsustainable in law and set aside the district magistrate’s order dated August 17 ,2017 and sent the matter back to the DM to consider the petitioner’s application for compassionate appointment.