The Chhattisgarh High Court recently reinstated the legal principle that even an illegitimate child son or daughter is entitled to compassionate appointment on the death of the father.
Factual Background
The dispute in the present case was whether the petitioner’s mother was the first wife of the deceased.The case of the Union of India and others v. VR Thripathi was considered where the Supreme Court held that a child born out of second marriage is still a legitimate child and is entitled to compassionate appointment.
Observation of the High Court
The High Court in the present case accordingly reiterated that an illegitimate son cannot be denied consideration towards compassionate appointment. Thus, the Court remitted the matter to the respondent authorities to consider the applications on both the sons, after giving them opportunity to represent their entitlement and eligibility. A decision pertaining to the above subject matter was directed to be taken within 45 days, on its own merits.
Case Details
Before: Chhattisgarh High Court
Case Title: Piyush Kumar Anchal v. State of CG
Coram: Hon’ble Justice SK Agarwal
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