Calcutta High Court Says Cannot Discriminate Against Children Born Out of Void Marriages While Providing Compassionate Employment After Man's Appointment Rejected Based on Circular

The Calcutta High Court recently said that in cases for providing compassionate employment, it is "reprehensible" to consider the source of inception of a child's birth and discriminate against those who may have been born from a void marriage. The high court observed while hearing a plea challenging the refusal of compassionate employment to the younger son of a deceased railways employee who was born from his second wife. During the hearing, it was stated that the other son and the first wife did not have any objection to the compassionate appointment of the second son. However, the appointment was rejected based on a circular dated January 2, 1992. When Justice Bandopadhyay found that the circular on the basis of which the compassionate employment was rejected had been struck down by a division bench of the Supreme Court, it said that the younger son or petitioner no. 2 would be entitled to a compassionate appointment in place of his father regardless of the legitimacy of his parent's marriage. HC on Sex After Marriage Promise: Can’t Charge Man With Rape for Consensual Sex After He Refuses To Marry, Says Calcutta High Court.

HC on Compassionate Employment

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