Illegitimate child entitled to compassionate allowance: Chhattisgarh HC

Team SoOLEGAL 2 May 2022 10:02am

Illegitimate child entitled to compassionate allowance: Chhattisgarh HC

New Delhi: The Chhattisgarh High Court recently reaffirmed the legal principle that on the death of the father, even an illegitimate child son or daughter is entitled to compassionate appointment.

In this case, the issue was whether or not the petitioner's mother was the deceased's first wife.

The Supreme Court decided in the case of Union of India and Others v. V.R Thripathi, Civil Appeal No.12015 Of 2018 that a child born out of a second marriage is still a legitimate child entitled to compassionate appointment.

The High Court in this case reiterated that an illegitimate son cannot be denied compassionate appointment consideration. As a result, the Court remanded the case to the respondent authorities, who will consider the applications on behalf of both sons after giving them the opportunity to present their entitlement as well as eligibility. The above-mentioned subject matter was ordered to be determined on its own merits within 45 days.

Tagged: Chattisgarh High Court   Civil Appeal  
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