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R. N. MANJULA
M. Anantha Babu – Appellant
Versus
District Collector – Respondent
ORDER
This Writ Petition is filed to quash the proceedings passed by the 1st Respondent in Na.Ka.No.7082/2016/A5, dated 19.03.2021 and consequently direct the 1st respondent to appoint the petitioner on compassionate appointment.
2. The petitioner’s father namely Maruthai was working as a Village Assistant in Pagadapadi Village and he died on 21.12.2007 while he was in service. Subsequently, the petitioner being the son of the deceased, had applied for compassionate appointment and the same was rejected on the ground that the petitioner is an illegitimate son of the deceased employee who was born through the second wife when his first wife was alive. Hence, this Writ Petition.
3. Mr.P.Ganesan, learned counsel for the petitioner submitted that as per Hindu Succession Act, even the child born through void marriage be considered as a legitimate child and hence, the respondents may be directed to reconsider the petitioner’s application.
4. The learned counsel drew the attention of this Court to Section 45 (5) (iii) of the Tamil Nadu Pension Rules, 1978 which says that the sons including step sons, adopted sons born through illegitimate wife are entitled to get Death-cum-Retirement Grat
Child born from a void marriage is entitled to be considered for compassionate appointment.
The denial of compassionate appointment to legitimate children born from a second marriage is unconstitutional and violates Article 14 of the Constitution.
The main legal point established is that the appointment of dependents for compassionate appointment must comply with the relevant rules and consider the overall interest and welfare of the family.
Legitimacy of children from a second marriage and their entitlement to benefits under the Hindu Succession Act and Hindu Marriage Act.
Children born of void marriages are entitled to consideration for compassionate appointment, as denying them this right violates Article 14 of the Constitution.
Compassionate appointment is not a right but an exception to the general rule, to be granted under exceptional circumstances and in accordance with prevailing norms and policies.
Compassionate appointment is a concession and not an absolute right, to be provided within a reasonable period of time from the date of death of the deceased employee, in accordance with the State's ....
Compassionate appointment is a concession and cannot be claimed as an absolute right. It should be provided only to families genuinely in penurious circumstances, and eligibility should be subject to....
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.
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