Parents’ Divorce Cannot Deny Son Compassionate Appointment: Raj HC

Parents’ Divorce Cannot Deny Son Compassionate Appointment: Raj HC

In State of Rajasthan & Ors. v. Ashish Saxena & Ors., the Rajasthan High Court held that divorce between parents cannot defeat a son’s claim for compassionate appointment. The Bench comprising Sanjeev Prakash Sharma and Baljinder Singh Sandhu upheld relief granted to the deceased employee’s son under the Rajasthan Compassionate Appointment of Deceased Government Servant Rules, 1996. The State had rejected the claim citing parental divorce and appointment of the second wife. The Court ruled that divorce does not sever the legal relationship between father and son, nor negate dependency merely because the child resided with the mother. It further held that appointment granted to a widow under a separate quota cannot extinguish an eligible son’s independent claim. The appeal filed by the State was dismissed.