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    <title>2004 (8) TMI 730 - MADRAS HIGH COURT</title>
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    <description>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&#039;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.</description>
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    <pubDate>Thu, 12 Aug 2004 00:00:00 +0530</pubDate>
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      <title>2004 (8) TMI 730 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=197503</link>
      <description>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&#039;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.</description>
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      <pubDate>Thu, 12 Aug 2004 00:00:00 +0530</pubDate>
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