Image: livelaw
A child born from a second wife is also entitled to be appointed by the state government on compassionate grounds (if the second marriage took place during the lifetime of the first wife), the Allahabad high court has ruled. Appointments are made on compassionate grounds when family’s bread earner passes away in service.
The petitioner, in this case, approached court challenging the district magistrate’s order. He was rejected for appointment on compassionate grounds saying that the second marriage of the late Mewaram Sharma was void. Thus he (the son) had no right of selection on compassionate grounds.
The court ruled after hearing petitioner’s counsel and Bipin Bihari Pandey, additional chief standing counsel of the state government.
Justice Yashvant Varma ruled that as per the established position of law, the stand taken by the DM is unsustainable. The court set aside the district magistrate’s order dated 17 August, 2017. It sent the issue back to the DM to consider the petitioner’s application for compassionate appointment.