Thursday, February 24, 2022

Compassionate appointment can be granted to children from second wife: Supreme Court

Read Judgment

A Bench of Supreme Court Justices noted that the same is violative of Article 16(2) of the Constitution that among other things, prohibits discrimination in State employment based on descent.

"While compassionate appointment is an exception to the constitutional guarantee under Article 16, a policy for compassionate appointment must be consistent with the mandate of Articles 14 and 16 ... In this regard, ‘descent’ must be understood to encompass the familial origins of a person. Familial origins include the validity of the marriage of the parents of a claimant of compassionate appointment and the claimant’s legitimacy as their child.

The Court also noted that in Union of India vs VR Tripathi, the top court had held that the scheme and the rules of compassionate appointment cannot violate the mandate of Article 14 of the Constitution.

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