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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
M.S.JAWALKAR, NANDESH S.DESHPANDE
Yogesh S/o Kisohre Dandekar – Appellant
Versus
Zilla Parishad, Wardha, through its Chief Executive Officer, Wardha – Respondent
| Table of Content |
|---|
| 1. writ petition to quash rejection communication. (Para 2 , 3) |
| 2. erroneous rejection for son of invalid second marriage. (Para 4 , 5) |
| 3. s.16 hma legitimizes children of void second marriages. (Para 6 , 7) |
| 4. quash order; direct compassionate appointment consideration. (Para 8 , 9 , 10) |
Judgment :
Smt. M. S. Jawalkar, J.
Heard.
2. Rule. Rule is made returnable forthwith. Heard finally with the consent of the learned counsel for the parties.
3. The present petition is filed for quashing and setting aside the impugned communication dated 16/05/2023 issued by the respondent-Zilla Parishad Wardha.
4. The father of the petitioner, who was permanent employee of the respondent, expired on 23/03/2003 while working on the post of driver. At the relevant time, the petitioner was minor, around four years old. He attained the age of majority on 15/01/2017. As he was having requisite qualification, the petitioner was applied for the appointment on compassionate ground within a period of one month after he attained the age of majority, i.e. on 02/02/2017. Thereafter, he made representations on 15/04/2017, 03/05/2017 reiterating his request. It is pointed out that the mother of the petit
Child born from void second marriage under Hindu law deemed legitimate under Section 16 HMA, entitled to compassionate appointment; rejection based on marriage invalidity erroneous.
Child born from a void marriage is entitled to be considered for compassionate appointment.
Compassionate appointment -Under no circumstances, the second wife nor her children are eligible for compassionate grounds appointment, if the marriage has taken place during the subsistence of the f....
Children born of void marriages are entitled to consideration for compassionate appointment, as denying them this right violates Article 14 of the Constitution.
Children from void second marriage, deemed legitimate under Section 16 HMA, cannot be excluded from compassionate appointment by employer policy, as it violates Article 14 equality; must be considere....
Compassionate appointment cannot be denied based on descent; the policy must comply with Article 14 of the Constitution.
The court established that conditions imposed for compassionate appointments can be justified if they serve a legitimate purpose, such as population control, and do not violate constitutional princip....
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