AI Overview...
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Remarriage of Mother and Compassionate Appointment Eligibility
The remarriage of a mother does not automatically disqualify her or her children from compassionate appointment, especially if the child is a legal heir due to the father's death in harness. Courts have recognized that children of deceased government servants are entitled to compassionate appointment, regardless of the mother's remarriage, provided other conditions are met. For instance, the Supreme Court in Union of India (1990) and subsequent rulings have clarified that remarriage does not affect the child's right to compassionate appointment Archana VS Deputy Director of Consolidation, Amroha - Allahabad, VIKRANT THAKUR VS STATE BANK OF INDIA - Himachal Pradesh, Surinder Kumar VS State of H. P. - Himachal Pradesh. -
Time Frame and Conditions for Compassionate Appointment
Applications for compassionate appointment must generally be made within a stipulated period (commonly three years from the date of death). Delay or failure to apply within this window can lead to rejection, as emphasized in Ratios Decidendi from case law The District Collector, District Collector's Office, Erode vs Tmt.Easwari - Madras. The rules specify that appointments are a concession and not a matter of right, emphasizing timely application and adherence to prescribed conditions Ab. Salam Teeli VS union Of India - Jammu and Kashmir, YUVRAJ DAJEE KHADAKE VS UNION OF INDIA - Bombay. -
Legal Heirs and Family Dynamics
The entitlement to compassionate appointment is primarily based on being a legal heir of the deceased, typically the spouse, children, or dependent relatives. The courts have upheld that even if the mother remarries, the child who is a legal heir remains eligible, especially if the father died in service or in harness. In cases where the mother has remarried or abandoned the child, the child’s status as a legal heir remains relevant for entitlement M.JEEVA ANANTH vs THE COMMISSIONER OF POLICE - Madras, District Collector, District Collector’s Office, Erode VS Easwari - Madras. -
Impact of Remarriage on Property and Other Claims
The remarriage of a widow does not impact her or her children's claim to compassionate appointment but may influence property rights. The Supreme Court has held that a remarried widow cannot claim property rights through her son or her first marriage in certain contexts, but this does not affect her child's eligibility for employment benefits Archana VS Deputy Director of Consolidation, Amroha - Allahabad. -
Policy and Legal Framework
The compassionate appointment scheme is a concession and subject to specific rules and time frames. The Jammu and Kashmir Compassionate Appointment Rules (1991, 1994) and Supreme Court judgments establish the framework, emphasizing that the child's eligibility hinges on being a legal heir and applying within the prescribed period Ab. Salam Teeli VS union Of India - Jammu and Kashmir.
Analysis and Conclusion
Remarriage of the mother after the death of a father does not disqualify the son from compassionate appointment if he is a legal heir and applies within the stipulated time frame. The primary criterion remains the child's status as a legal heir of the deceased government servant, and the rules treat compassionate appointment as a concession, not an entitlement. Courts have consistently upheld that the child's right to compassionate appointment persists despite family remarriage, provided all procedural conditions are satisfied.
References:
- Archana VS Deputy Director of Consolidation, Amroha - Allahabad
- VIKRANT THAKUR VS STATE BANK OF INDIA - Himachal Pradesh
- Surinder Kumar VS State of H. P. - Himachal Pradesh
- The District Collector, District Collector's Office, Erode vs Tmt.Easwari - Madras
- Ab. Salam Teeli VS union Of India - Jammu and Kashmir
- YUVRAJ DAJEE KHADAKE VS UNION OF INDIA - Bombay
- M.JEEVA ANANTH vs THE COMMISSIONER OF POLICE - Madras
- District Collector, District Collector’s Office, Erode VS Easwari - Madras
Search Results for "Mother Remarried Compassionate Appointment to Son after Death of Father Lay"
2001 0 Supreme(HP) 100 • India - Himachal Pradesh
C.K.THAKKER, K.C.SOOD
on the grounds of not being made within the specified time frame after the death of the petitioner's mother. ... Compassionate Appointment - Rejection of Application - Articles 14, 19, 21 of the Constitution - Sanjay Kumar v. ... The court highlighted that the provision for compassionate appointment is in the nature of an exception to the general provisions ... It was also submitted that after the death of petitioners mother, his father#HL_....
2001 0 Supreme(J&K) 96 • India - Jammu and Kashmir
T.S.DOABIA
Compassionate Appointment Rules 1991, and Jammu and Kashmir Compassionate Appointment Rules of 1994. ... Fact of the Case: The petitioners sought compassionate appointment under the applicable rules after the death of their ... Compassionate Appointment - Rules and Precedents - Rules 1989, 1991, 1994 - The court discussed the rules applicable to compassionate ... His mother remarried#H....
2019 0 Supreme(Bom) 352 • India - Bombay
A.S.OKA, SANDEEP K.SHINDE
requesting for grant of compassionate appointment to petitioner was considered on he was entitled to compassionate appointment being ... – Court have considered submissions - It is well settled that compassionate appointment is not a normal source of appointment and ... Hindu Marriage Act, 1955 - Section 16- Compassionate grounds appointment – Divorce – Claim of compensation ... By the impugned communication dated 6th December 2016,....
2019 Supreme(Online)(Mad) 2901 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.MANIKUMAR, SUBRAMONIUM PRASAD, JJ
(A) Compassionate Appointment - The scheme for employment on compassionate grounds requires applications to be made within a specific ... ... ... Ratio Decidendi: The court held that appointments on compassionate grounds must occur within three years of death to ensure ... (Paras 6, 14) ... ... (C) Public Employment Scheme - Compassionate appointment is a concession ... The State of Bihar and Others, reported in 2000 (7) SCC 192, the petitioner w....
2019 0 Supreme(Mad) 1274 • India - Madras
S.MANIKUMAR, SUBRAMONIUM PRASAD
Compassionate Appointment - Government Servant's Family - [Scheme of Compassionate Appointment, Age Limit, Educational Qualifications ... Case: The respondent's husband, a Village Assistant, died in 2007, leaving behind the respondent, her daughter, and her father-in-law ... The respondent applied for compassionate appointment in 2007, but no action was taken. ... The State of Bihar and Others, reported in 2000 (7) SCC 192, the petitioner was 10 years old, and his #H....
2015 0 Supreme(All) 2515 • India - Allahabad
RAM SURAT RAM (MAURYA)
The petitioner, a married daughter, claimed a share in the ancestral property, which was disputed by other co-sharers. ... Union of India, (1996) 2 SCC 380 , in which it has been held that married daughter can also be given compassionate appointment. Vishakha v. ... Director of Consolidation, AIR 1999 SC 1567 , it has been held that a Hindu widow, who after the death of her husband remarries another person, cannot lay a claim to the property of her son through the fir....
2015 0 Supreme(All) 299 • India - Allahabad
RAM SURAT RAM (MAURYA)
Union of India, (1996) 2 SCC 380, in which it has been held that married daughter can also be given compassionate appointment. Vishakha v. ... Director of Consolidation, AIR 1999 SC 1567, it has been held that a Hindu widow, who after the death of her husband remarries another person, cannot lay a claim to the property of her son through the first marriage in agricultural land in the general law under the Hindu Succession ... The petitioner stated that the land in dispute was ancestral....
2021 Supreme(Online)(MAD) 4516 • India - High Court of Madras
Hon`ble Mr.Justice M.DHANDAPANI
behind the petitioner and his mother as his legal heirs and later the petitioner's mother has remarried and she left the petitioner under the control of his grandmother. ... The ground on which the petitioner claims an appointment on compassionate grounds is that his father died in harness and, therefore, as his surviving legal heir, he is entitled to compassionate appointment. ... At the time of death of the petitioner's ....
• India - Madras High Court
M.DHANDAPANI, J
petitioner's mother has remarried and she left the petitioner under the control of his grandmother. ... Further, before the death of the petitioner's father, he was deserted by his mother and he is the only legal heir. Hence, he prays the aforesaid relief in the writ petition. ... The ground on which the petitioner claims an appointment on compassionate grounds is that his father died in harness and, therefore, as his surviving legal heir, he is enti....
2015 0 Supreme(HP) 1154 • India - Himachal Pradesh
MANSOOR AHMAD MIR, P.S.RANA
... 9) Widow appointed on compassionate grounds getting remarried:- A widow appointed on compassionate grounds will be allowed to continue in service even after re-marriage. ... ... 2) To whom the policy is applicable:- The employment assistance on compassionate grounds will be allowed in order of priority only to widow or a son or an unmarried daughter (in case of unmarried Govt. servant to father, mother brighter and unmarried sister) of:- ... p align=" ... Selvan....
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