Legitimacy of children from void marriages protects compassionate appointment rights unless the scheme expressly excludes them.

Children born of a void marriage are treated as legitimate under Section 16 of the Hindu Marriage Act, 1955, and that statutory protection extends to compassionate appointment benefits unless the governing scheme expressly excludes them. The relevant Government Order was read as not excluding such children, so denial of appointment on that basis was unsustainable. The Tribunal's failure to consider Section 16 was material, and the exclusion of the child from service-related benefits could not be justified. The termination order was quashed, with restoration in service and consequential monetary relief to the extent directed.

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Issues: Whether a child born from a void second marriage is entitled to compassionate appointment and restoration of service benefits under the applicable Government Order.

Analysis: The scheme for compassionate appointment was intended to protect the family of a deceased employee, and the relevant Government Order did not exclude children born out of a void marriage. Section 16 of the Hindu Marriage Act, 1955 deems children of void marriages to be legitimate, and that statutory protection was held to apply to the benefit conferred by the scheme. The Tribunal had not considered the effect of Section 16, and the exclusion of such a child was found unsustainable.

Conclusion: The petitioner was held entitled to compassionate appointment benefits, and the termination order was quashed with restoration in service and consequential monetary relief to the extent directed.

Ratio Decidendi: Children born of a void marriage are treated as legitimate under Section 16 of the Hindu Marriage Act, 1955 and cannot be denied compassionate appointment benefits unless the governing scheme expressly excludes them.

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