'There May Be Illegitimate Parents But No Illegitimate Children': Karnataka High Court Strikes Down Condition Denying Compassionate Appointment To Children In Second Marriage

The Karnataka High Court has set aside a circular issued by the Karnataka Power Transmission Coporation Ltd by which it 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. Clause 2 read thus: "Under no circumstances, the second wife nor her children are eligible for compassionate grounds appointment, if the marriage has taken place during the subsistence of the first marriage." Attention was also drawn to section 16 of the Hindu Marriage act and the judgement of the Supreme Court in the case of Union of India vs. V.R.Tripathi,, wherein it has been categorically observed that, though there may be restriction to an illegitimate child succeeding to the ancestral properties of the deceased parent and the right is only with regard to the separate property of the deceased parent when their marriage is void, the same -: 8 :- cannot be construed as a restriction so as to prevent the son born out of a void marriage to claim appointment on compassionate basis. It was also observed "Having regard to the broad interpretation given to the expression 'son' and 'daughter' so as to include even on illegitimate son and daughter by the Hon'ble Supreme Court for the purpose of consideration for compassionate appointment, we find that Regulation 2 cannot restrict the expression 'family' in relation to a deceased Board employee to mean only his or her legally wedded spouse and their sons and daughters who were jointly living with him. But, for the limited purpose of this case, we find that children born out of void and voidable marriages under other personal laws, where there is no provision for conferment of legitimacy, must also have equal protection of the law by treating them on par with children born out of void and voidable marriages under the Hindu Marriage Act or the Special Marriage Act, 1954, insofar as the appointment on compassionate basis is concerned".