RAIPUR: The Chhattisgarh high court has held that an 'Illegitimate' son is also entitled to be considered for compassionate job appointment on account of the death of the father.
The bench of Justice Sanjay Kumar Agrawal allowed a petition filed by Piyush Kumar Anchal, and directed the Chhattisgarh State Warehousing Corporation to consider the application of the petitioner for compassionate appointment.
Anchal had moved the court after the corporation rejected his application on the ground that he had not filed a valid succession certificate. According to the petition, a junior assistant named Mohan Lal Anchal worked at a Pratappur branch of the warehousing corporation and died due to Covid infection. Petitioner Piyush Anchal moved high court, stating that he was the son of Mohan's second wife and hence applied for compassionate appointment.
Suresh Kumar Anchal, claiming to be the son of Mohan's first wife, had also claimed compassionate appointment. Piyush submitted in his petition that his mother's name was recorded in the nomination form submitted by his father.
After he submitted his application for a compassionate appointment, the warehousing corporation directed him to submit a succession certificate.
The corporation rejected his claim on the ground that a valid succession certificate has not been filed.
The high court, in its order, said that a policy "cannot discriminate against a person only on the ground of descent by classifying children of the deceased employee as legitimate and illegitimate and recognizing only the right of legitimate descendant". "Further, if the person is the son of the deceased government servant, even if he is an illegitimate son, he would be entitled to the consideration on compassionate grounds and cannot be denied consideration on the ground that he is illegitimate," the court said.
The high court asked the corporation to consider the applications of petitioner Piyush and Suresh for compassionate appointment and decided on merit, in accordance with the law, within 45 days.
