CHENNAI: Pointing out that it is government’s policy that second wife and her children are not allowed to get compassionate appointment under service rules, the Madras high court has upheld a DGP’s order rejecting a plea from a person born through the second wife of a police sub-inspector to provide employment on compassionate grounds.
Justice Pushpa Sathyanarayana dismissed the petition filed by M.Muthuraj, challenging the DGP’s order of March 1, 2011. P. Malaiappan, a sub-inspector, died in an accident in April 2008 while in service. The petitioner said his father originally married Saroja, who was none other than his mother’s elder sister and since she was issueless, his father married his mother as his second wife and they all lived in one house. After his father’s death, he applied for appointment on compassionate ground but it was rejected stating that compassionate appointment cannot be granted to legal heirs of the deceased through second wife.
His counsel argued that section 16 of Hindu Marriage Act legitimises the children born to a couple whose marriage may not be held legally valid. The children were entitled to inherit the property of parents. The applicant being a legitimate son should be considered for appointment, he added. The judge said, “It is a policy of the government that monogamy should be the rule. As per service rules, no government servant shall enter into second marriage when the first spouse is living. Even in case of persons belonging to religions where plurality of wives is permitted, a government servant cannot take a second wife, except with prior permission of government.
Therefore, in order to encourage monogamy, the government introduced these conditions which has stood the test of time and not challenged so far by anybody. Therefore, certain restrictions on Fundamental Rights and Personal Laws are made in service rules in the larger public interest”.
