Service Law
Compassionate appointment—Rejection of claim—Grounds—Petitioner’s claim has been rejected on the ground that petitioner’s father did not obtain permission from departmental authorities for marrying second time—Bigamy is prohibited by law therefore no authority can grant permission for marrying second time during subsistence of first marriage—But a child, who is born out of a void marriage, cannot be termed as ‘illegitimate’—Second ground for rejection of claim is that since the petitioner has entered into a settlement with his stepmother and his stepmother has given NOC in favour of petitioner for his compassionate appointment—Both the grounds for rejection of claim are unsustainable—Impugned rejection order is quashed—Petition allowed. [Constitution of India, 1950, Article 226]
[Paras 4 to 9]