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Is it Possible to Consider Second Marriage Child for Compassionate Appointments? Is it Possible to Consider Second Marriage Child for Compassionate Appointments?

Bronze medal Reporter Adv. Lakshmi Posted 14 May 2019 Post Comment Visitors: 166 Read More News and Blogs
Is it Possible to Consider Second Marriage Child for Compassionate Appointments?

Jobs play an important role in everyone’s life if it is a Government job he/she is considered as a luckier one. That is a trend that our society follows from a certain extent of time. There are several law’s regarding the appointments of an employee in a company one among them is the compassionate appointment on the government jobs. Recently the Supreme Court made an important statement regarding this issue. Compassionate appointment is the appointment made by the employer after the death of an employee, instead of him appoints their family inmates on to that position. There are several questions raised on the society and in a legal fraternity that is it possible to consider a child from second marriage? A couple of days back the Karnataka High Court made a statement regarding this issue while considering a case of Bengaluru Development authority rejects the appointment of a government employee’s child who is born in their second marriage. Surely lawyers in India can give a legal opinion among this.

Section 16 of Hindu Marriage Act, 1955 and Article 14 of the constitution as well discuss with this topic.

 Notwithstanding that marriage is null and void under section 11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is born before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976)*, and whether or not a decree of nullity is granted in respect of that marriage under this Act and whether or not the marriage is held to be void otherwise than on a petition under this Act.

Court takes reference with the case of Union of India Vs. V.R.Tripathi reported in 2018 SCC OnLine SC 3097

“Even if the narrow classification test is adopted, the circular of the Railway Board creates two categories between one class of legitimate children. Though the law has regarded a child born from a second marriage as legitimate, a child born from the first marriage of a deceased employee is alone made entitled to the benefit of the compassionate appointment. It was therefore held that the salutary purpose underlying the grant of compassionate appointment, which is to prevent destitution and penury in the family of a deceased employee requires that any stipulation or condition which is imposed must have or bear a reasonable nexus to the object which is sought to be achieved.

The learned Additional Solicitor General has urged that it is open to the State, as part of its policy of discouraging bigamy to restrict the benefit of compassionate appointment, only to the spouse and children of the first marriage and to deny it to the spouse of a subsequent marriage and the children. We are here concerned with the exclusion of children born from a second marriage. By excluding a class of beneficiaries who have been deemed legitimate by the operation of law, the condition imposed is disproportionate to the object sought to be achieved. Having regard to the purpose and object of a scheme of compassionate appointment, once the law has treated such children as legitimate, it would be impermissible to exclude them from being considered for compassionate appointment. Children do not choose their parents. It was therefore concluded to deny compassionate appointment though the law treats a child of a void marriage as legitimate is deeply offensive to their dignity and is offensive to the constitutional guarantee against discrimination.”

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