The Allahabad High Court taking instances from the precedents ruled that the appointment of husband on compassionate basis after death of his wife, does not take away his right to remarriage.
The Petitioner was appointed on compassionate basis after the demise of his wife. He then intended to marry the younger sister of his wife and sought permission from the Basic Shiksha Adhikari where he was duly appointed.
While hearing the case of Mohammad Haidar v. State Of U.P. and Another, the bench consisting of Justice Pankaj Mithal said that the Petitioner could not be forced to sacrifice his right to re-marriage just because he/she had been appointed on the compassionate basis in Government service. Further the court added that the person would not be disqualified for appointment on this ground and attracts any kind of disciplinary action.
The Court while examining the Rule -5 of the Uttar Pradesh Recruitment of Dependants of Government Servant Dying in Harness Rules, 1974 said that the Rule nowhere specificate the requirement of permission for re-marriage by an employee appointed under the said Rule.
The Court mentioned that the Rule only requires the person employed in compassionate basis to maintain the other members of the family of the deceased government employee. In the case of his negligence and refusal to maintain the family members, his employment should be terminated.
Citing the precedent from Smt. Santoshi v. State of U.P. and 2 others, the Court remarked that the person’s right to marry with the person of his choice is an integral part of Article 21 of the Constitution of India.
At the last, the Court opines that as there was such statutory requirement under the law to seek permission on re-marriage of employee on compassionate basis, the petitioner had needlessly resorted to the writ jurisdiction of the court.
REPORTED BY-SAMRIDHI ANAND.