Job on compassionate grounds is no bar for remarriage, says HC

Job on compassionate grounds is no bar for remarriage, says HC

Prayagraj:  22.12.2020

The Allahabad high court has recently held that a husband’s appointment on compassionate ground will not take away his fundamental right to remarry, reports Rajesh Kumar Pandey. Dismissing a writ petition filed by one Mohammad Haidar from Amroha, Justice Pankaj Mithal said, “The rules nowhere stipulate that any permission is required by a person employed on a compassionate basis for remarriage. It only provides that the person employed on a compassionate basis shall maintain other members of the family of the deceased government servant. It also provides that in case he neglects or refuses to maintain them, his services may be terminated. This does not mean that there is any rider on the right of the employee to remarry,” Justice Mithal said.

It has been observed in a January 21, 2020 order that the right to marry with a person of choice is an integral part of Article 21 of the Constitution of India. Merely because the petitioner has been appointed on compassionate basis, he cannot be forced to sacrifice his/her fundamental right of remarriage after the death of the earlier spouse. A person would not earn any disqualification on this score and warrant any disciplinary proceedings. In this case, the petitioner, Mohammad Haider, was appointed on the compassionate basis after the death of his wife. Thereafter, he wanted to marry the younger sister of his wife. Therefore, he sought permission from Basic Shiksha Adhikari where he is employed to get remarried. When he didn’t get any response, he moved the high court for relief.

Rejecting the petitioner’s plea, however, the court said that no permission was required for remarriage.

Full report on www.toi.in