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Karunakar   31 January 2017

Widow remarriage, govt job by first husband’s death

A – Head of family, B – Wife of A, C – Mother of A, D – Daughter of A, E – Brother of A. A received govt job from father death, after few years he got married and has a daughter. After 4 years of marriage, A has died with a disease. B received govt job of A. After 6 years of husband death, B remarried. Now is there any possibility to secure D life from new husband, mother and any possibility to file a case on govt job of B by E as A received job from father death?


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 7 Replies


(Guest)

ABCDEFG.   Academic query to be solved in your college only.

Karunakar   31 January 2017

Originally posted by : Helping Hand !
ABCDEFG.   Academic query to be solved in your college only.

My apologies if it is like a maths query. I have seen a question in similar way in the forum. So that, for easy explanation, i followed same method to explain.

Dr. Atul [9013898936] (Lawyer, Scholar)     31 January 2017

Originally posted by : Karunakar

any possibility to secure D life from new husband, mother

 

 

No clue what you mean by that.

 

Originally posted by : Karunakar
any possibility to file a case on govt job of B by E as A received job from father death?

 

 

That, I seriously doubt. Appointment on compassionate grounds is in itself not a vested right [ Umesh Kumar Nagpal v. State of Haryana (1994 AIR SCW 2305): "It was also impressed that appointments on compassionate ground cannot be made after lapse of reasonable period which must be specified in the rules because the right to such employment is not a vested right which can be exercised at any time in future"]. And, with all due respect, treating appointment on compassionate grounds as virtually a 'hereditray right' to be passed on successively between kins would be stretching it one too far.

Karunakar   31 January 2017

Originally posted by : Atul (public ID)



Originally posted by : Karunakar




any possibility to secure D life from new husband, mother

No clue what you mean by that.

The security of the daughter from any life threat from newly married husband.
 

 


(Guest)
Originally posted by : Karunakar



Originally posted by : Helping Hand !



ABCDEFG.   Academic query to be solved in your college only.





My apologies if it is like a maths query. I have seen a question in similar way in the forum. So that, for easy explanation, i followed same method to explain.

Going by title of your query.

Widow remarriage.  - this can be done.  No legal hinderance if death certificate of husband is there.

Getting job of dead husband - again for this death certificate of late husband is necessary.

After remarriage she cant get dead husband's job.  The order which I have told above, that order need to be followed to secure govt job of late husband.

Dr. Atul [9013898936] (Lawyer, Scholar)     31 January 2017

Originally posted by : Helping Hand !
Going by title of your query.
Widow remarriage.  - this can be done.  No legal hinderance if death certificate of husband is there.
Getting job of dead husband - again for this death certificate of late husband is necessary.
After remarriage she cant get dead husband's job.  The order which I have told above, that order need to be followed to secure govt job of late husband.

 

From what I could gather from the OP, the widowed lady was appointed on comapssionate grounds and is now remarrying. And the Querist is seeking whether the daughter of the remarried lady can now be appointed in place of such lady. While a remarried lady may retain a job to which she was appointed on compassionate grounds as the widow of a deceased (depending on the condiions of service though) I don't think she may further 'transfer' such appointment to a child.

The second limb of his Query, protection of life and limb of daughter born of first marriage, from the prospective step-father is on a differrent tangent altogether.


(Guest)
Originally posted by : Atul (public ID)



Originally posted by : Helping Hand !



Going by title of your query.
Widow remarriage.  - this can be done.  No legal hinderance if death certificate of husband is there.
Getting job of dead husband - again for this death certificate of late husband is necessary.
After remarriage she cant get dead husband's job.  The order which I have told above, that order need to be followed to secure govt job of late husband.





 

From what I could gather from the OP, the widowed lady was appointed on comapssionate grounds and is now remarrying. And the Querist is seeking whether the daughter of the remarried lady can now be appointed in place of such lady. While a remarried lady may retain a job to which she was appointed on compassionate grounds as the widow of a deceased (depending on the condiions of service though) I don't think she may further 'transfer' such appointment to a child.

The second limb of his Query, protection of life and limb of daughter from born of first marriage, from the prospective step-father is on a differrent tangent altogether.

Widow status is only to wife of the deceased who got the job on compassionate grounds.  Widow status does not apply to children of the deceased wife or the deceased's children or to anyone but the wife.

I am beginning to feel this query involves getting criminal ideas which I dont want to explain further.

In short such is not possible in law at the present time.  Such daughter can try secure some other job by clearing competitive exams.  Good luck to OP's daughter.


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