Children born of void marriages are entitled to consideration for compassionate appointment, as denying them this right violates Article 14 of the Constitution.

JUDGMENT :

J.J. Munir, J.

1. This writ petition is directed against an order of the Superintendent of Police, Maharajganj dated 2.7.2017, rejecting the petitioner's claim for compassionate appointment.

2. The petitioner, Kumari Manisha, is the daughter of the late Virendra Prasad, a Constable in the Government Railway Police. He died in harness on 26.8.2013, after an illness. The late Virendra Prasad had two wives. Smt. Dulari Devi, he had married first, born of whom were two sons, Umesh Kumar, Rakesh Kumar and four daughters, Km. Sarita, Km. Suman, Km. Punam and Km. Renu. He married a second time Smt. Saraswati Devi, of whom were born three daughters, to wit, Km. Manisha (the petitioner), Km. Isha and Km. Nisha. The petitioner says that the late Virendra Prasad had solemnized his marriage with Smt. Saraswati Devi, with the consent of his first wife as well as the other family members. Therefore, both wives are said to hold equal rights upon their husband's estate, retirement benefits and privileges. Both the wives and their children were living with the late Virendra Prasad, being on good terms until Virendra Prasad's demise. After Virendra Prasad's death, according to the petitioner, the family pension as well as other allowances were credited in the name of Smt. Dulari Devi. By consent of Smt. Saraswati Devi, the petitioner's mother, an agreement was penned, in terms whereof the pension and other allowances would be distributed equally between both wives of the deceased. The said agreement was inked on 1.3.2014.

3. The petitioner says that the deceased's elder son, Umesh Kumar, born of Smt. Dulari Devi, is 38 years old, well-settled in his business and lives in his parental house happily alongwith his family. The other son, born of Smt. Dulari Devi, Rakesh Kumar, is also well-settled in a Government service. He is a junior engineer. All daughters, born of the deceased's marriage with Smt. Dulari Devi, to wit, Smt. Sarita, Smt. Suman, Smt. Punam and Smt. Renu, are all well-settled in their matrimonial homes and living happily. The petitioner also says that there was a division of funds paid to Smt. Dulari Devi towards death-cum-retirement benefits between the two wives of Virendra Prasad, contrary to the contract agreed upon and reduced to writing on 1.3.2014. It is said that the post retiral funds were not equally divided nor was the monthly pension. This may not be much in issue because this cause is about the petitioner's right to compassionate appointment on account of her father's demise in harness. The only thing relevant that concerns the distribution of funds is that the deceased's family comprising his second wife and daughters did not receive any substantial benefit. According to the petitioner, as far as the death-cum-retirement benefits are concerned, all those were substantially retained by the deceased's first wife, Smt. Duari Devi, who was paid these funds by the respondents.

4. The petitioner says that she has no source of income and is very poor. She is suffering in life due to lack of education and livelihood, as are other members of the family. The petitioner made an application, seeking compassionate appointment under the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (for short, 'the Rules of 1974') before the Superintendent of Police, Maharajganj on 25.9.2013. It is said, on the other hand, that the deceased's son Rakesh Kumar, who too has staked claim for compassionate appointment, is well-settled in life, as are his brother and the four sisters, all of whom are happily married. The petitioner pursued her claim with diligence, but nothing came out of it. She moved Writ-A No. 12217 of 2015 before this Court, which was disposed of with a direction to the Superintendent of Police, Maharajganj to consider and decide the petitioner's claim preferably within a period of four months from the date of production of a certified copy of the order passed in the aforesaid wri