Husband's Appointment On Compassionate Ground Won't Take Away His Fundamental Right Of Remarriage: Allahabad High Court

The Bench of Justice Pankaj Mithal ruled,

"Merely because 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."

Further, the Court said,

"A person would not earn any disqualification on this score and warrant any disciplinary proceedings."

The matter before the Court

The petitioner (husband) was appointed on compassionate basis on the death of his wife. The petitioner intended to marry the younger sister of his wife; therefore, he sought permission to re-marry from Basic Shiksha Adhikari where he was employed.

The Standing Counsel submitted before the Court that there was no requirement under law for getting any permission for re-marriage by an employee.

Court's Findings

The Court perused Rule 5 of the Uttar Pradesh Recruitment of Dependants of Government Servant Dying in Harness Rules, 1974 and found that the Rule nowhere stipulates that any permission is required by a person employed on compassionate basis for re-marriage.

The Court said,

"It only provides that the person employed on 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 services may be terminated."

Thus, the Court said,

"There is no provision under law which requires any person to seek permission from the employer for re-marriage."

The Court also cited the Allahabad HC's ruling in the case Smt. Santoshi v. State of U.P. and 2 others, Writ-A No. 834 of 2020, wherein it was held that "right to marry with person of choice is an integral part of Article 21 of the Constitution of India."

Lastly, the Court said,

"As there is no statutory requirement under law for seeking permission of Basic Shiksha Adhikari for the purpose of re-marriage by an employee, who has been appointed on compassionate basis, I am of the opinion that the petitioner has unnecessarily invoked the writ jurisdiction of this Court."

Case title - Mohammad Haidar v. State Of U P And Another [WRIT - A No. - 8797 of 2020]

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