October 13, 2021

Heaven Mail

Nothing But The Truth

Children Born Out Of Second Marriage Cannot Be Treated As Illegitimate: High Court

Children born out of a second marriage cannot be treated as illegitimate children, the Telangana High Court observed while considering the plea of a man whose application for compassionate appointment was rejected.

In this case, Arpula ‘s application seeking a compassionate appointment was rejected on the ground that he is an illegitimate child and he was born out of a second marriage and his father was not obtained prior permission from the 1st wife for getting married to his mother.

Challenging this, Arpula filed a writ petition before the High Court contending that the rejection order is in the teeth of the Supreme Court judgment in Union Of India And Anr. vs V.R. Tripathi, in which it was held that benefit of compassionate appointment scheme cannot be denied to the children born out of a second marriage. Opposing this plea, the authority contended that the children of the second wife do not get the status of legitimate children. It was further contended that every compassionate appointment has to be made only in accordance with the scheme of the employer.

“Admittedly, the respondents have not filed scheme of compassionate appointment, which prohibits children born out of second marriage are not entitled to compassionate 2010 (11) SCC 661 appointment. Learned counsel appearing for the petitioner has rightly contended that the Apex Court in Union of India vs V.R.Tripathi ((1)referred to supra) has considered all these issues and held that children born out of a second marriage cannot be treated as illegitimate children, therefore, the impugned rejection order dated 24.04.2018 passed by the respondents is contrary to the law laid down by the Apex Court in Union of India vs V.R.Tripathi “, Justice Abhinand Kumar Shavili observed.

The court, therefore, directed the authority to consider the case of the petitioner for compassionate appointment by duly taking into consideration the law laid down by the Apex Court in Union of India vs V.R.Tripathi.

Recently, the Karnataka High Court set aside a circular issued by the Karnataka Power Transmission Corporation Ltd by which denied appointment on compassionate grounds to the second wife and her children of a deceased employee as the marriage has taken place during the subsistence of the first marriage.

 

 

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