Children born from second marriage do not have illegitimate children – Telangana High Court
New Delhi :- The court was considering the petition of a person whose application for compassionate appointment was rejected. In this case Arpula’s application for compassionate appointment was rejected by the Authority on the ground that he was an illegitimate child and was born of second marriage and that his father had not taken prermission from his first wife for marry his second wife .
The dismissal of the application for compassionate appointment was challenged.
Expressing the disapproval, Arpula filed a writ petition before the High Court and said that it was in the hands of Union of India & Ors. V.R. Contrary to the decision of the Supreme Court in the case of Tripathi (Union Of India And Anr. vs V.R. Tripathi).
In this judgment, the Supreme Court had held that children born out of second marriage cannot be deprived of the benefit of the scheme of compassionate appointment.
Opposing this petition, the authority argued that the children of the second wife do not get the status of legitimate children.
It was further argued that every compassionate appointment should be made only as per the scheme of the employer.
“Certainly the respondents have not provided documents regarding the scheme of compassionate appointment to state that children born out of second marriage are not entitled to compassionate appointment.”
Justice Abhinand Kumar Shavili, “The learned counsel appearing for the petitioner has rightly argued that in the case of Union of India And Anr. vs VR Tripathi, the Supreme Court has considered and considered all these issues. that children born from a second marriage cannot be treated as illegitimate children,
Therefore, the order passed by the Respondents on 24.04.2018 is dismissed.”
Thus the Court upheld the Authority in Union of India & Ors. V.R. Tripathi to consider the case of the petitioner for compassionate appointment keeping in view the law laid down by the Supreme Court.
Case: Arpula Ganesh v State of Telangana [WP 26926 of 2019]
