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in Family Law Administrative Law
Asked May 20, 2017

Illegitimate child's right to job on compassionate ground

  • 1 Answer

I got married to a man who was already married. My child was born before his divorce and even I got a government job which too before his divorce . He then got divorced and legally married me and gave his name to his child. I want to know as my son is dependant on me will he get all the benefits which children of other government employees get including job on compassionate grounds.

Answer 1

In most of the Central Government Rules, even illegitimate children are treated at par with legitiamte children and the difference is now thinning down. (Kanthamma v. K. Shettappa and Ors, 2014(1)RCR(Civil)573). In the case of Rameshwari Devi v. State of Bihar, (Available at - follwoed in J. Mahendra v. Bangalore Electricity Supply Company, Writ Appeal No. 3144 of 2010 , (Available at, thes Courts allowed the family pension of the deceased male government employee to be transferred to the illegitimate child as the child was considered as the child of the deceased male irrespective of the status of the marrigae between the male and the mother of the illegitimate child. 

With respect to appointment on compassionate ground, the Courts have identified that such a recruitment cannot be claimed as a right and is a privilege extended by the employer (SBI v. Raj Kumar 2010 (2) TMI 1042). A specific case was presented with respect to compassionate employment by the illegitimate child of the deceased employee, in the case of Eastern Coalfileds Limited v. Dilip Singh 2013 (9) TMI 73, before the Calcutta High Court. In this case the employer had refused to offer the employment on compassionate ground as the rules prescribed that it can be allowed in exceptional circumstances which as per the employer was not required for. The Court held that the illegitimate child is entitled to the pension but is not entitled to employment on compassionate ground as it is done in exceptional circumstances. 

You must examine the regulations governing your employment to find out the process required to identify nominees for the pension schemes and nominate your son as the nominee. For employment on compassionate ground, there is no guarantee that your legitiamte or illegitimate child can get the post as it is privilege and not a right and depends on the discretion of the deciding authority. 

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