2004 (8) TMI 730 - HC - Indian Laws

Summary

Issues:
Interpretation of compassionate appointment eligibility for children born through a void marriage under a Government Order.

Analysis:
The case involved a writ petition regarding compassionate appointment eligibility for a petitioner born through the second wife of a deceased government employee. The petitioner's appointment as a Junior Assistant/Typist was terminated based on the ground that she was born through a void second marriage. The Administrative Tribunal held that children born through a second wife were ineligible for compassionate appointment as per a Government Order. However, the petitioner argued that Section 16 of the Hindu Marriage Act deems children from void marriages as legitimate. The court noted that the Government Order did not explicitly exclude children from void marriages and cited RAMESHWARI DEVI v. STATE OF BIHAR (2000)ILLJ1087SC to support their interpretation. The court emphasized that the intent of compassionate appointment schemes was to protect family members of deceased employees, including children born from void marriages. Consequently, the court quashed the termination order, reinstated the petitioner, and awarded 50% of wages for the period of termination. The judgment clarified that children from void marriages are eligible for compassionate appointments under the Government Order, aligning with Section 16 of the Hindu Marriage Act.