9911796707
TMI Blog2004 (8) TMI 730X X X X Extracts X X X X X X X X Extracts X X X X ..... Government Pleader ORDER P.K. Misra, J. 1. Heard Ms. Selvi George, learned counsel appearing for the petitioner and Mr. P.S. Sivashanmuga Sundaram, learned counsel appearing for the respondents. 2. The facts giving rise to the present writ petition are as follows: One Mr. A. Gajendran was employed as a Secondary Grade Teacher and he died in harness on 4.8.1986. The said person had married o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore the Tamil Nadu Administrative Tribunal. The Tribunal observed that "... Government has passed G.O. stating that the legal heir and dependent of the Government servant is eligible to claim compassionate appointment including a widow. Eligibility also extended to an unmarried daughter, a widowed daughter or a destitute daughter. But, child born to the second wife is not eligible for comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has submitted that no Government Order had been produced either before the Tribunal or in this Court disentitling the child born through the second wife from seeking employment on compassionate ground on the death of the father. As a matter of fact, in G.O.Ms.No.560 dated 3.8.1977 which appears to be the relevant G.O. for the purpose of making appointment on compassionate ground, it is indicated t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act. In view of the provisions contained in Section 16 of the Act, there cannot be any doubt that the child born through the second wife, even though such marriage was void, shall be deemed as the legitimate child. Even there is nothing in the G.O. which says that only a child born in a lawful marriage would be considered as beneficiaries. In the absence of any specific provision and particul ..... X X X X Extracts X X X X X X X X Extracts X X X X
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