Madras HC: Illegitimate sons eligible for government jobs

Chennai: Are illegitimate sons eligible for government employment on compassionate grounds? Yes, says the Madras high court. A Division Bench comprising Justices Huluvadi G. Ramesh and M.V. Muralidharan was dismissing an appeal from Chennai Metropolitan Water Supply & Sewerage Board (CMWSSB). The matter pertains to an employee who died in harness while working in CMWSSB. 

The son of his second wife, applied for a job with CMWSSB on compassionate grounds. As the board rejected his representation, he filed a writ petition. In February 2014, a single judge allowed his plea.  In the appeal, CMWSSB said since the applicant was an illegitimate son, he was not entitled to a job on compassionate grounds.  The Bench said the only concern of CMWSSB was whether the applicant should be treated as a heir or not for the purpose of accommodating him.

The Bench said “In our view, on the settled legal principles whether it is legitimate or illegitimate, the single judge had taken due care in passing an order in the main writ petition and in the revision petition, which requires no interference.’’ The judges observed though the son of the second wife, may be an illegitimate one, still, that does come in his way to seeking the benefit of compassionate appointment, so long as he takes care of the deceased father’s first wife and her children and obtained their permission.