Case Note & Summary
The petitioner, Yogesh Dandekar, filed a writ petition before the Bombay High Court at Nagpur seeking quashing of a communication dated 16/05/2023 issued by the respondent-Zilla Parishad, Wardha, which rejected his claim for compassionate appointment. The petitioner's father, a permanent employee of the respondent, died on 23/03/2003 while working as a driver. At that time, the petitioner was a minor, about four years old. He attained majority on 15/01/2017 and applied for compassionate appointment on 02/02/2017, within one month of attaining majority, followed by representations on 15/04/2017 and 03/05/2017. The petitioner's mother had also applied for compassionate appointment immediately after her husband's death, but her claim was rejected on 29/09/2012 on the ground that she was the second wife and the second marriage was not valid under Hindu Law. The same communication also rejected the petitioner's claim on the ground that he was the son of the second wife. The court observed that the reason given for rejecting the petitioner's claim was apparently erroneous. The petitioner's counsel relied on the Supreme Court judgment in Union of India v. V.R. Tripathi, 2018 SCC OnLine 3097, which held that the son of a second wife is entitled to compassionate appointment. The court allowed the petition, quashed the impugned communication, and directed the respondent to consider the petitioner's application for compassionate appointment afresh, in accordance with law, within a period of three months.
Headnote
A) Compassionate Appointment - Eligibility of Son from Second Marriage - Invalidity of Marriage - The court held that the reason given for rejecting the claim of the petitioner, being the son of a second wife whose marriage is invalid under Hindu Law, is apparently erroneous. The court relied on Union of India v. V.R. Tripathi, 2018 SCC OnLine 3097, to hold that the son of a second wife is entitled to compassionate appointment. (Paras 5-6)
Issue of Consideration
Whether the son of a second wife, whose marriage is invalid under Hindu Law, is entitled to compassionate appointment upon the death of his father who was a permanent employee.
Final Decision
The petition is allowed. The impugned communication dated 16/05/2023 is quashed and set aside. The respondent is directed to consider the petitioner's application for compassionate appointment afresh, in accordance with law, within a period of three months from the date of the order.
Law Points
- Compassionate appointment
- second wife's son
- Hindu Marriage Act
- validity of marriage
- succession certificate
- delay in application
