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The Karnataka High Court has quashed an order of the Bengaluru Development Authority (BDA) that rejected the appointment of one Lohit Gowda on compassionate grounds since he was born out of the second marriage of BDA’s deceased employee, Varadegowda.

Justice R Devdas, in Lohit Gowda vs State of Karnataka struck down the BDA order relying on a recent Supreme Court judgement UOI v. V. R. Tripathi. It directed BDA to reconsider the application of employment on compassionate grounds.

Court has emphasized on the underlying principle as laid down in the SC judgment. Accordingly, a class of beneficiaries, who have been deemed legitimate by the operation of law, should not be denied employment on compassionate grounds because the object of such a grant is to prevent destitution and penury in the family of the deceased employee; the second marriage is void, but law accords legitimacy to the children within such wedlock. Serving the same principle, compassionate appointment must also be extended to these legitimate children.

—India Legal Bureau

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