'Children of second wife not eligible for job on compassionate grounds'
By Express News Service | Published: 30th August 2013 09:45 AM |
The Karnataka High Court on Thursday, upheld the Karnataka Power Transmission Corporation Limited’s (KPTCL) decision of rejecting the application of one K Mahesha seeking job on compassionate ground stating that he is the son of the second wife of a company employee.
A division Bench of Justice N Kumar and Justice Suri Appa Rao upheld the single bench order by Justice Ram Mohan Reddy, which stated that appointment on compassionate ground cannot be given to the son or daughter of the second wife even if the first wife does not object to it.
The Bench observed that if an employee takes a second wife during the lifetime of the first wife, the children through the second wife cannot be considered as dependent members of the family for the purpose of considering them for appointment on compassionate grounds. The second marriage, when the spouse is living is held to be void under Section 5 (1) of the Hindu Marriage Act, 1955. The legitimacy of the children of void marriages , as provided under the Act, is only for the purpose of claiming rights in or to the property of the parties, it said.
Petitioner Mahesha, a native of Nagamangala taluk in Mandya district, submitted that his father Kalegowda, a KPTCL lineman, died in 2004. According to him, his father married one Nanjamma, who did not beget children and therefore, he married Huchchamma, to whom the petitioner, amongst other children, were born. After the death of his father, he filed an application seeking a job on compassionate grounds.
Mahesha stated that his father’s first wife and his other siblings had come to a compromise and had no objection to him applying for a compassionate appointment. But the KPTCL, after examining the claim, observed that he, being a son of the second wife, not being a legally wedded wife’s son, declined to grant appointment on compassionate ground on 2009.
Order on Adiga Murder Accused’s Bail Reserved
The third bail petition of Ramesh Bayari of Vandaru village in Udupi district, who is the main accused in the murder of RTI activist Vasudeva Adiga, was reserved for order. Bayari, a priest, is the main accused in the Adiga murder case. Adiga went missing on January 7 and a few days later, his body was found in a pond.
Chief Secy Issued Contempt Notice
The HC on Thursday issued a contempt notice to the Chief Secretary for not constituting Lake Protection Committees as directed by the court.
The Bench demanded to know why action should not be initiated for not complying with the court order as more than a year had lapsed after the order was passed during the hearing of a civil contempt petition filed by Environment Support Group.