9911796707
TMI Blog2004 (8) TMI 730X X X X Extracts X X X X X X X X Extracts X X X X ..... eard 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 one Valliammal. But, since there was no issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 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 compassionate appointment on any account. The Gover ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oduced 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 that near relative, who is entitled to get appointm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 particularly, keeping in view the intention of Parliament, as re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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