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M Raja   01 August 2021

Predeceased wife's son right on job

If an employee(govt) dies before his retirement of his service, who had predeceased wife's son(first wife)/.  After death of first wife, he married another woman.  She begot one daughter.   when the first wife dies, she left 10 months child (son) brought up by other family members.  When both are major, he died by disease.  who will have right to get the job ? whether second wife has first right to get the job.  

Note: three has filed case for legal heir certificate to court. deceased son wants to get back the case, as step mother is not good in getting help in job of his father.  is it permitted and legality to case separately.  



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 8 Replies

H.JanakiManohar Rao (lawyer)     01 August 2021

Both 1st wife son and 2 wife daughter are legal heirs of their father .And both are eligible for terminal benifits of their father equally.Regarding employment 1)No bread winner in the family2) Financial status of the family.3)who will look after the family.

Dr J C Vashista (Advocate)     02 August 2021

Both the marriages of employee (stated to have been died) are valid and both the children can apply / get service benefit(s). 

Compensatory appointment can not be claimed as a matter of right but an obligation of department.

G.L.N. Prasad (Retired employee.)     02 August 2021

The dependents can only make submissions to the employer as to how the sudden death of the working employee made them helpless and sustenance was difficult.  It is left to the discretion of the employer to consider facts and take a decision.  There may be nominations and even names of family members in one or another record (like LTC).  I am surprised as to why three persons have applied for a legal heir certificate to the Court.  In my opinion, the wife should get a job, as getting a job through another source for her is NIL, whereas son can try for an independent job.  Further, the deceased's daughter also wants support till her marriage and only her own mother can fill up the void.  The son should consider the pros and cons and should try for a job to a helpless female who brought him up from the age of 10months and also consider the welfare of his sister.   A man should always go for an independent way and should not try to encash a calamity for his advantage when someone needs financial assistance very badly in the same family.

Shashi Dhara   02 August 2021

Generally the elder heir is considered to compensate job,all the benefits will be equally distributed to three ,wife will get pension ,u have not mentioned  the grand father and grand mother is alive or not ,son has to take responsibility of maintenance of step sister if he gets job.

M Raja   02 August 2021

It is my question that whether step mother had fulfiled her responsibility when the right or legality benifit is claimed.  The responsibility  to bring up off spring of the first wife.  It is important that parents are always in no necessary that whether they performed their duty to bring up their son/daughter. There is no ambiguity regarding to parents.  There is ambiguity, as far step mother is concerned.

G.L.N. Prasad (Retired employee.)     02 August 2021

For compassionate appointments, the only thing employer has to consider is as to whether there was a great loss and the employee's family has to suffer for sustenance, . In what way the entire family can be benefitted from giving employment to a certain person.
 

Unfortunately, the inheritance laws never state responsibilities undertaken by any one of them for giving additional benefits. A major,  grown-up individual never looks back to the past and finds fault and irrespective of the treatment he received, wishes to maintain the family as if the father himself maintained and tries giving comfortable living.

 

P. Venu (Advocate)     04 August 2021

There is no right for compassionate appointment. It is only a right to be considered for appointment on compassionate grounds

It is the wife of the deceased who is entitled for compassion.

1 Like

Sudhir Kumar   08 August 2021

he can be considered.


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