1. The short question which falls for consideration in this appeal is as to whether a son of a second wife whose marriage is void in terms of Section 5 read with Section 11 of the Hindu Marriage Act is entitled to compassionate appointment in terms of the Government Memo No. 3/C2-2067/ 90 Ka. 13293 dated 5th October, 1991.

2. Appellants claim was rejected by the District Compassionate Appointment Committee on the ground that the deceased employee has two wives and as the second marriage could not have been performed while the first marriage was subsisting the claim of the appellant, who is a son of the second wife, cannot be considered for compassionate appointment. The appellant moved before the learned Single Judge challenging the said decision which has been dismissed by him by order dated 28.2.2005 necessitating this appeal.

3. The factual aspects for considering the point involved are that the father of the appellant was appointed on 1.4.1977. While he was in service of the State Government, he died on 24.5.2002 leaving behind two wives and one son from the second wife, namely, the appellant. On 18.7.2003 the appellant filed an application for compassionate appointment