HC: Job can’t be denied to child from 2nd marriage | Bengaluru News

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Bengaluru: A child born out of the second marriage of a government servant/employee cannot be denied compassionate employment, the high court has ruled.
Relying on a Supreme Court judgement rendered on the same lines in December 2018, the high court quashed an order passed by the Bengaluru Development Authority (BDA) rejecting an application submitted by petitioner V Lohit Gowda for appointment on compassionate grounds.
Justice R Devdas directed the BDA to scrutinise his application for compassionate appointment if it fulfils all other requirements, and pass appropriate orders in two months. On March 12, 2018, the BDA rejected Lohit’s application citing the applicant was born out of the second marriage of its deceased employee, Varade Gowda.
The BDA’s order was mainly based on a 2015 circular, which was issued following a decision of a high court division bench (on August 29, 2013), where it was held that a child born out of a second marriage of a government servant or employee can’t seek job on compassionate grounds.
However, Lohit’s counsel brought to the HC’s notice that the apex court had on December 11, 2018 (in Union of India vs VR Tripathi case) held as unconstitutional the exclusion of a child born from a second marriage from seeking compassionate appointment under the terms of a Railway Board circular. The same principle applies in this case as well, he added.

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