In a significant decision taken on the definition of family to provide employment on compassionate grounds to a member of the deceased government employee, the State Government has decided to consider for employment the children of second wife, who is not legally married.
The circular, coming into effect immediately, was issued to clarify on the matter on Saturday by the Department of Personnel and Administrative Reforms and is based on Supreme Court order on February 24, 2022.
The employment in Government on compassionate grounds is determined by Karnataka Civil Services (Recruitment on Compassionate grounds) Rules of 1996 to provide employment to one person from the family of deceased. While the rule 3 determines the qualification, the rule 2 defines family that includes wife, husband, son and daughter.
It said that several departments had sought clarification on providing compassionate employment to the children of second wife of the deceased, and also the second wife, not legally married. The DPAR said that it had reviewed the existing definition of the family and has directed the departments to consider children out of such relationships for employment on compassionate grounds.
The circular said that to discriminate children borne from second wife, or of a wife not legally wedded construes to be violation of article 16 (2) of the Indian constitution. The circular referring to the recent SLP in Supreme Court, pointed out to earlier observations made by the Apex Court and Delhi High Court in such matters.
The circular said that the Delhi High Court had observed that one’s descent is beyond one’s control and hence should not become a ground of state sanctioned disadvantage. It also pointed out to High Court order, which observed that it is an established fact that the children of ‘second’ wives whether counted as illegitimate or legitimate have often suffered severe social disadvantage and legitimacy cannot be ground for denial of public employment.
Further, the circular quoted parts of an earlier Supreme Court observation in which the Apex Court has said that it would be impermissible to exclude such children from being considered for compassionate employment. “Children do not chose parents. To deny compassionate appointment though the law treats a child of a void marriage as legitimate is deeply offensive to their dignity and is offensive to the constitutional guarantee against discrimination,” the circular quoted the Apex Court order.
The DPAR has said that while such cases should be considered, it has asked departments to follow other rules that are currently being followed. It has also withdrawn a 2015 circular issued in this matter.
