Compassionate appointment after widow’s remarriage can’t be nullified: CAT

Srinagar, June 30: Underscoring that rights under Article 21 of the Constitution of India cannot be curtailed on account of remarriage by a widow, the Central Administrative Tribunal (CAT) in Srinagar has declined a plea seeking its intervention for cancellation of compassionate appointment of a woman for remarrying.

“Merely because the compassionate appointment has been obtained by an individual, he or she cannot be forced to sacrifice his or her fundamental rights enshrined under Article 21 of the Constitution of India. Rights under Article 21 of the Constitution of India cannot be curtailed on account of remarriage by a widow,” a bench comprising M S Latif, Member (J), and Prasant Kumar, Member (A), said in a judgment.

The tribunal ruled this while declining a plea that given the solemnisation of a second marriage by a widow, she had lost her right to the compassionate appointment.

While the tribunal observed that companionship of choice by remarriage by a widow cannot be denied as companionship is one of the faculties by which life can be enjoyed, it said: “Right of remarriage is a personal choice of the individual and the right to marry with the person of his or her choice is an integral part of Article 21 of the Constitution of India.”

The tribunal said that companionship of choice by remarriage by a widow cannot be denied as companionship was one of the faculties by which life could be enjoyed.

It said: “Even if a statutory provision is enacted to prohibit a remarriage by a widow, as a condition for employment under compassionate appointment rules, its validity may be liable to be challenged for breach of Fundamental Rights guaranteed under Article 21 of the Constitution of India.”

In support of its decision, the tribunal referred to several judgments delivered by the Supreme Court of India wherein the apex court has held, “Remarriage may be a social or a biological human necessity or it may be on account of oppressive or aggressive nature of certain anti-social elements but that cannot be made the basis for termination of service.”

The tribunal was hearing a plea filed by the mother-in-law and brother-in-law of the woman who had been appointed on a compassionate basis following the death of her husband in harness on September 18 2014, who was working in a government department.

They contended that on account of the remarriage of the woman, her compassionate appointment was required to be cancelled the other dependents were entitled to the appointment to enable the family to tide over the financial crisis.

“Here, we would like to add that the fifth respondent (woman) is a Muslim by faith or religion and Islam nowhere prohibits the remarriage of a widow which is also countenanced by the constitutional guarantee as

enshrined under Article 21 of the Constitution of India and there is no restrain by any personal law against remarriage,” the bench said.

It said: “In our social fabric and ethos it may be true that a daughter-in-law has to look after the old parents of her husband but she is not obliged to do it. If she does it, she does it for her good in this world and hereafter.”