It is difficult for the Children of second wife to get compensatory appointment.
Divoresed wife's son rights on compassionate /dependent employment on medical unfit of his father
What if a divorsed wife(not remarried) had a son and the spouse got remarried after getting divorce legally also had a son(me) and the spouse(my father) got medically unfit on medical grounds and now can give job to his dependents , under dependent employment scheme/compassionate employment scheme of singareni colleries company Lmt.(sccl) of Telangana state govt? my father decided to offer job to me(2nd wife's son) , 1)can the 1st wife's son be a threat for further process? 2)my father is telling that if once i get appointed in sccl then the 1st wife's son can do nothing .. and 3)also fearing that if he gets to know about this thing before my appointment then he could potentially stop the further process and could demand money or job by claiming himself as my father's eldest son! is this right? 4)could the company ask his(1st wife's son) approval for my joining? 5)and by chance if he gets to know it after my appointment could he still damage me/my father financially?my father also told me that he would get paid a lumb sum by the company if he offers the job to none of us,6)could he(1st wife's son) ask for a share in it?please do suggest us something that could solve this problem __/|\__
Asked 6 years ago in Property Law
Religion: Hindu
10 Answers
It will be a tough situation as both have rights in the said job. Even after appointment if the appointment I snot carried out as per service rules then it can be challenged. First job can not be a criteria of illegality.
1. There is no vested right of the relative of the deceased to get employment on the ground of compassionate appointment.
2. Getting such appointment on such ground depends only if There is Policy Rule existing with the employer.
3. in absence of sch service rule one can not get appointment of compassionate ground.
4. If there is such policy indeed then you will have to refer to those only to find out the eligibility criteria and the persons eligible for it. It varies with every employer in public sector.
Dear Client
- no he cant be a threat to you as the name will be suggested by your father and if suggest your name for employment then 1st son cant interfere with his decision.
- He cannot stop your process of employment as appointment will be on decision of your father.
- No company will not ask for approval from anybody regarding your employment in this scheme.
- yes he can only claim the ancestral property of your father if he wants to hurt you financially.
- If your father decide to give you the amount accumulated for not getting the job under this scheme then he has no right to ask for share from that amount.
so my suggestion is that you can go ahead with the appointment without any worry.
First wife son can be threat
2) he can claim the job as first son
3) company may ask for his approval
4) your father should take the lump sum amount rather than offer job
5) eldest son cannot damage father financially as during father lifetime he has no share in his self acquired property
All above your questions answer is below
If your father is alive than you shouldn't fear about anyone as on his place and with his permission and NOC you will be getting employment on his place.
If you're father were not alive than you would had problems from your step brother now not.
Divorce dose not dissolve the paternity but can claim job on the declaration of your father that, you are dependent on him and after retirement he is on you.
Being eldest son dose not provide any preference, only ground is dependency.
Non approval require and divorce wife has no say, only father declaration. In father life time, non have any say in his assets/money.
The first wife's son can pose a threat in this regard.
But the company itself would insist on a NOC from him, what will you do then.
He cannot claim any share out of your father's terminal benefits including the lump sum amount as a right.
Your father has divorced his first wife. He now has a new family and you are his son from the second family. He has obligations towards his 1st family but he can choose who shall get the job. His 1st wife's son cannot interfere.
Regards
- As per the information mentioned in the present query, makes it clear that you are the son from the second wife of your father.
- As per law, son from first wife might have equal share in the ancestral property of your father or in the self acquired also if father dies without living any Will or without transferring the same to you before he dies by way if gift or release deed.
- As the employment is also self acquired property of your father, till he time he is alive he can give anyone’s name including yours also and the same cannot he challenged by the son of the first wife.
- It is only after if he dies and then you both contest for the job, as there he would succeed as per his age factor.
