Children Born Out Of Void Marriage Are Legitimate, Compassionate Appointment Cannot Be Denied To Them: SC
6 years ago

Children Born Out Of Void Marriage Are Legitimate, Compassionate Appointment Cannot Be Denied To Them: SC

Live Law  

In a judgment which was pronounced a month ago, the Supreme Court held that benefit of compassionate appointment scheme cannot be denied to the children born out of a second marriage.The bench comprising Justice DY Chandrachud and Justice MR Shah dismissed appeals filed by Union of India against Bombay High Court judgment which had held in favour of. In a judgment which was pronounced a month ago, the Supreme Court held that benefit of compassionate appointment scheme cannot be denied to the children born out of a second marriage. The bench then considered the issue whether the condition which has been imposed by the circular of the Railway Board under which compassionate appointment cannot be granted to the children born from a second marriage of a deceased employee accords with basic notions of fairness and equal treatment, so as to be consistent with Article 14 of the Constitution? "Though the law has regarded a child born from a second marriage as legitimate, a child born from the first marriage of a deceased employee is alone made entitled to the benefit of compassionate appointment.

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History of this topic

Cannot Discriminate Against Children Born Out Of Void Marriages While Providing Compassionate Employment: Calcutta High Court
1 month ago

Cannot Discriminate Against Children Born Out Of Void Marriages While Providing Compassionate Employment: Calcutta High Court

Live Law  

The Calcutta High Court has held that in cases for providing compassionate employment, it is 'reprehensible' to consider the source of inception of a child's birth and discriminate against those who may have been born from a void marriage.Justice Ananya Bandopadhyay held: "The objective to grant compassionate appointment to redress financial constraints occasioned in a family in the event of. …

Family Of Employee Having More Than Two Children Ineligible For Compassionate Appointment: Bombay High Court Dismisses Claim Of Deceased Cop's Son
6 months, 1 week ago

Family Of Employee Having More Than Two Children Ineligible For Compassionate Appointment: Bombay High Court Dismisses Claim Of Deceased Cop's Son

Live Law  

The Bombay High Court recently dismissed the claim for compassionate appointment for the son of a deceased policeman on the ground that the employee had more than two children, making his family ineligible for the benefit of compassionate appointment. A division bench of Justice AS Chandurkar and Justice Rajesh S Patil dismissed a writ petition challenging a judgment by the …

Married Daughter Not Dependant On Deceased Father Can't Claim Compassionate Appointment: Chhattisgarh High Court
2 years, 2 months ago

Married Daughter Not Dependant On Deceased Father Can't Claim Compassionate Appointment: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court recently denied compassionate employment to a deceased employee's married daughter, stating that she wo no more 'dependant' on her father's income.Justice Narendra Kumar Vyas observed that the petitioner-daughter was married before the death of her father and therefore, it cannot be said that she was dependent upon his earning.The bench heavily relied on. The Chhattisgarh High …

Married Daughter Can't Be Said To Be Dependant On Mother For Compassionate Appointment: Supreme Court
2 years, 3 months ago

Married Daughter Can't Be Said To Be Dependant On Mother For Compassionate Appointment: Supreme Court

Live Law  

The Supreme Court recently held that the married daughter cannot be said to be dependent on her deceased mother and therefore, is not eligible for compassionate appointment. Even otherwise, the Court said that the respondent won't be entitled to appointment on compassionate ground that a number of years had passed from the death of the deceased employee. The Court made …

Supreme Court: Appointment on compassionate ground concession not a right
2 years, 3 months ago

Supreme Court: Appointment on compassionate ground concession not a right

Live Mint  

The Supreme Court of India has said that appointment on compassionate ground is a concession not a right and the object of granting such employment is to enable the affected family to tide over a sudden crisis. The Supreme Court had set aside the judgement of a division bench of the Kerala High Court, which confirmed the verdict of a …

Compassionate Appointment Cannot Be Granted Where Bereaved Family Does Not Face "Indigent Circumstances": Rajasthan High Court
2 years, 4 months ago

Compassionate Appointment Cannot Be Granted Where Bereaved Family Does Not Face "Indigent Circumstances": Rajasthan High Court

Live Law  

The Rajasthan High Court has upheld the decision of a bank denying compassionate appointment saying that the deceased's family was not facing "indigent circumstances" warranting employment under the State's scheme of 2014. PNB had rejected the respondent's claim for compassionate appointment after his father expired while serving as a Head Cashier, on the ground that the family was not facing …

Compassionate Appointment Policy Cannot Discriminate Against 'Illegitimate' Children Of Deceased Employee: Supreme Court
2 years, 10 months ago

Compassionate Appointment Policy Cannot Discriminate Against 'Illegitimate' Children Of Deceased Employee: Supreme Court

Live Law  

The Supreme Court observed that a compassionate appointment policy cannot discriminate against a person only on the ground of descent by classifying children of the deceased employee as legitimate and illegitimate. That is to say, a policy for compassionate appointment, which has the force of law, must not discriminate on any of the grounds mentioned in Article 16, including that …

Children Born Out Of Second Marriage Cannot Be Treated As Illegitimate Children, Eligible For Compassionate Appointment: Telangana HC
3 years, 5 months ago

Children Born Out Of Second Marriage Cannot Be Treated As Illegitimate Children, Eligible For Compassionate Appointment: Telangana HC

Live Law  

Children born out of second marriage cannot be treated as illegitimate children, the Telangana High Court observed while considering plea of a man whose application for compassionate appointment was rejected.In this case, Arpula 's application seeking compassionate appointment was rejected on the ground that he is an illegitimate child and he was born out of second marriage and his father …

'There May Be Illegitimate Parents But No Illegitimate Children': Karnataka High Court Strikes Down Condition Denying Compassionate Appointment To Children In Second Marriage
3 years, 6 months ago

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

Live Law  

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 …

Excluding Married Daughter From Seeking Benefit Of Compassionate Appointment Is Unconstitutional: Karnataka High Court
4 years, 1 month ago

Excluding Married Daughter From Seeking Benefit Of Compassionate Appointment Is Unconstitutional: Karnataka High Court

Live Law  

The Karnataka High Court held that excluding a married daughter from consideration for appointment on compassionate ground is unconstitutional.If the marital status of a son does not make any difference in law to his entitlement for seeking appointment on compassionate grounds, the marital status of a daughter should make no difference, as the married daughter does not cease to be …

'State Cannot Act In A Misogynistic Way': Himachal Pradesh High Court Reads Down Policy Excluding Married Daughters From Compassionate Appointment
4 years, 2 months ago

'State Cannot Act In A Misogynistic Way': Himachal Pradesh High Court Reads Down Policy Excluding Married Daughters From Compassionate Appointment

Live Law  

"The State cannot act in a misogynistic way," the Himachal Pradesh High Court remarked on Wednesday while allowing a married daughter's plea seeking compassionate appointment in her deceased father's place. Stating that such policy of the Government is against the spirit of Article 15 of the Constitution of India, the Bench held, "The object of compassionate employment is not only …

Child Born Out Of Second Marriage Is Entitled To Get Compassionate Appointment : Karnataka HC [Read Judgment]
5 years, 8 months ago

Child Born Out Of Second Marriage Is Entitled To Get Compassionate Appointment : Karnataka HC [Read Judgment]

Live Law  

The Karnataka High Court has quashed an order of the Bengaluru Development Authority whereby appointment on compassionate ground was rejected on account of the applicant being born out of the second marriage of its deceased employee. The Authority's order was based on a 2013 decision of the division bench of the High Court which had held that a child born …

Can't Deny Compassionate Employment To Child From Second Marriage Under Hindu Marriage Act: Bombay HC [Read Judgment]
5 years, 10 months ago

Can't Deny Compassionate Employment To Child From Second Marriage Under Hindu Marriage Act: Bombay HC [Read Judgment]

Live Law  

Granting relief to a deceased railway employee's son, the Bombay High Court has held that compassionate employment cannot be denied to him just because he was born out of the employee's second marriage.A division bench of Justice AS Oka and Justice SK Shinde followed the decision of the apex court in Union of India and Anr vs. VR Tripathi and …

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