Legitimacy of children from a second marriage and their entitlement to benefits under the Hindu Succession Act and Hindu Marriage Act.

ORDER :

1. This petition under Article 226 of the Constitution of India has been filed by the petitioner seeking for the following reliefs :

“(i) That the Hon'ble Court may kindly be please to quash/set-aside the letter/order dated 27/04/2016 passed by the respondent no. 4 (Annexure P/6).

(ii) That the Hon'ble Court may kindly be please to direct the respondents' authority to consider the case and grant the compassionate appointment to the petitioner.

(iii) Any other relief which this Hon'ble Court deems fit and proper under the facts and circumstances of the case may also be passed in favour of the petitioner and the cost of the petition may be awarded in favour of the petitioner.”

2. Brief facts of the case as projected by the petitioner are that, the father of the petitioner namely Late Laleshwar was died on 24/03/2004 due to harness, while working on the post of the Assistant Teacher with respondent department. At the time of his death the petitioner herein was minor. After death there was a succession dispute between the mother of the petitioner and children of Late Laleshwar with Aasbati, who was the first wife of Late Laleshwar. The matter travel upto this High Court, and vide order dated 14/07/2008, the Hon'ble Court was please to allow the Civil Revision No. 26/2007 and held that petitioner and others are entitle for all death benefits of Late Laleshwar except mother of the petitioner name Pushpa Bai. Immediately after the death of the petitioner's father, petitioner's mother Pushpa Bai moved an application on 18/06/2004 for compassionate appointment. This application was kept pending before the respondents, thereafter another application was demanded by the respondent authority.

3. The petitioner moved another application to the respondents' authority on 27/11/2008, but the same was rejected on the ground of delay on 03/08/2009, stating that the application of the petitioner's mother is time barred, which is per se illegal from the application (Annexure P/2), it is clear that application for compassionate appointment was filed well within time. That thereafter grand mother of the petitioner move an application for compassionate appointment to petitioner's mother or to petitioner. Vide order dated 18/11/2011, the respondent no. 2 had rejected the application of the petitioner on the ground that he is minor and further application of the petitioner was not received. In the meanwhile, the mother and grand mother of the petitioner had filed many applications to the respondents' authority, which had not been decided by the respondents' authority and kept pending, which is not filed in the present petition, and will be filed in case of any exigency arises. Thereafter, the petitioner attained the age of majority and at the time of filing the present writ petition he was studying in the 1st year of Bachelor of Arts, the petitioner moved an application to the respondent authority for compassionate appointment. The application of the petitioner was rejected by respondent no.4 on the ground that petitioner is the son of second wife, hence is not entitle for compassionate appointment, hence this petition.

4. Learned counsel for the petitioner submits that the action and order of respondents is illegal, arbitrary and discriminatory and with the malafide intention. The respondent authority are not considering the case for granting compassionate appointment to the petitioner. That respondent are adopting discriminatory approach with the petitioner. The application of the petitioner was illegally rejected by respondent No.4 on the ground that petitioner is son of second wife, hence is not entitle for compassionate appointment. This finding is totally against the law and the provision of the section 21 explanation (a) (b) and section 8 and 10 of Hindu Succession Act and against the section 16 of the Hindu Marriage Act. The order dated 27/04/2016 is totally against the order of this Court (Annexure P/1) and liable to be set-aside. The case o