Regarding elope of sister and his father job for them
Saikrishna kandhikatla
(Querist) 09 November 2020
This query is : Resolved
Person A is male, who married Person B (female).
The above couple were gifted with 2MALE childs one after the other.
Then, Person A married another woman (Person C) and gave birth to a GIRL child. Person C got govt job and after her DEATH the job was given to Person A who mentioned that the GIRLD child as NOMINEE for that govt job and he didnot mention anything about first wife and 2 male children.
Person A died in the year 2018 and becoz of no vacancy no child got the job and process delayed further due to COVID-19.
The girl child (19yrs now) was given a phone by her mother's( Person C) brother's family (who generally is uncle and he has a son). The information regarding the phone was not known to the 2 male people (brothers) and one day she left her home and went to her uncle's home without informing.
Now my question is--
1. Can any one boy gets the govt job as they were not mentioned as nominees ?
2. The girl's uncle family trapper her with some sweat words through phone and asked her to enter their home..Can we file a case on them (Uncle' s family).( The girl is 18 and says that its her wish).
Isaac Gabriel
(Expert) 09 November 2020
Nomination.is for the terminal befits and it has no relevance to comppassionate appointment.So one can apply for compassionate appointment.Regarding the girl entering into the house, it need to be sorted out by familyembers as she can also one of the decendents.
kavksatyanarayana
(Expert) 09 November 2020
The person married another woman "C". But what about his first wife "B"? Did the person "A" divorce his first wife "B"? Whether the person "C" filed the family members list in her office records? If filed, who are the family members as per her service records?
Guest
(Expert) 10 November 2020
Though the Second Marriage with out an Divorce would be illegal the Child/ Children of such marriage would have all the Legal Rights as Legal Child.
P. Venu
(Expert) 10 November 2020
As I can understand, the query raises different issues. Most of the information is trivial, but leaves substantial facts unrevealed.
Admittedly, A had married twice. This, obviously, would have happened at least a couple of decades ago. The second wife, C, got a Government job, apparently, subsequent to the marriage. On her death, the husband, A, got compassionate appointment. Now the question is, who is entitled for getting compassionate appointment on the death of A - the son of the first wife or the daughter of the second wife?
Any suggestion, in this context, needs to be with a remark that a compassionate appointment is not a matter of right. It is only that the dependants of the deceased employee can apply and the application would be considered in accordance with the extant norms.
However, the facts posted suggest that the first wife and the children have not been included among the family particulars in the official records.
If so, it is not just a question of applying for compassionate appointment, they would have been deprived benefits such as family pension, gratuity, leave encashment, insurance etc.
As such, why the emphasis on compassionate appointment alone?
Anyhow, any remedy requires the recasting of official records which is almost an impossible task and may lead to many a complications, if attempted tarnishing the reputation of the deceased persons.
Saikrishna kandhikatla
(Querist) 10 November 2020
The girl signed an NOC saying I pass my job to my big brother ...And I am not interested in that job....
She signed with her own free will and infront of welfare officer...
In each and every study certificate of the girl. In mother's name chamber her original mother's name was not mentioned but the name of first wife is mentioned...
krishna mohan
(Expert) 10 November 2020
Since the father is no more, validity of marriage and divorce etc., need to be contested legally for job or succession of property. Compassionate appointment is not granted with NOC but within the guidelines of the organization if such provision exists.
Rajendra K Goyal
(Expert) 10 November 2020
Department may consider the compensate appointment within frame work of department guidelines if claimed by any claimant.
P. Venu
(Expert) 10 November 2020
The facts posted suggest that the first wife and her sons are not reflected in the family details furnished by A. If so, the NOC given by C' s daughter is of no value.
Dr J C Vashista
(Expert) 11 November 2020
The facts posted are ambigous and vague.
Marriage of A+C is void during subsistance of marrige of A+B (if they are Hindu) and their child is illegitimate.
It would be better to consult a local prudent lawyer for appreciation of facts and professional guidance.
Saikrishna kandhikatla
(Querist) 11 November 2020
But, Vashista sir...Child born from illegitimate realation are considered legitimate by SC in the past..
P. Venu
(Expert) 11 November 2020
Mr. Sai Krishna :
As already stated, you are highlighting trivialities leaving out crucial aspects. And you are unwilling to disclose missing links, in spite of being sought.
The crucial aspect is, what is the status of B an her sons in the official records. Are they included in the family details furnished by A? So also, who is receiving family pension due to A's demise - is it B or the daughter?
This aspect arises because C (as well as A) had false start in public appointment. C, at the time appointment, was married to a person having another wife living and would not have got the job had she not given a false declaration. As a natural corollary, A could not have disclosed about B and the sons in the family particulars except by indulging in skullduggery.
Please post the material facts instead of leading us through riddles.
You may also disclose your concern in the matter. Are you the son of B?
Saikrishna kandhikatla
(Querist) 11 November 2020
Iam not a member of that family but as a law student I just want to know whether the sons can claim that job or not ?
If the second marriage is not recognised then the department would not have given the job to her husband.
The father (A) mentioned girl as nominee..Thats it and there is nothing regarding the first family and sons...
The girl lived in the same home and first famiky treated her as their sister and no social contention was present before
But, when she was given a phone by her uncle's family they changed her mind as far as job is concerned.
No one in the family (sons,first wife and daughter) has a fixed source of income.
One more thing is that..in all the education certificates of the girl..her original mother's name was not mentioned but the name of first wife is mentioned...
I just want to know whether the sons have a chance to get that job as they are also the heirs of their father's issue(property, job whatever it is).
P. Venu
(Expert) 21 November 2020
If you are a law student, you ought to have verified the facts before posting the query based on hearsay.
If you really intent to help the first family, please ascertain the facts, avoid the trivialities and post the material facts.
Saikrishna kandhikatla
(Querist) 21 November 2020
Material facts:
Person A(male) was married to person B (female) and gave birth to 2 male childs (One after the other). During this time he used to run a photo studio.
After 10years person A intimated person C(female) and gave birth to a female child. Person C got a govt job and after few years she died and the person A got person C's job. Person A took the fenale child to his first family and they were leading a happy life. Persin A mentioned the female child name as a nominee for person A in the job register. He didnot mention anything about his first family. Person A died in 2018. The girl after attaining 18yrs gave her consent to handover the person A's job for which she is a nominee to her big brother. Now the female child left the home and went to her uncle's home. The girl said that she want to marry her uncle's son suddenly and she didnot return back to her original home. Now my question is whether the male childs get the job or not ?
