J&K: CAT Upholds Widow's Right to Remarry; Rejects Plea Against Compassionate Appointment

The bench comprising M S Latif (Member, Judicial) and Prasant Kumar (Member, Administrative) while reaffirming the widow's right to remarry, observed that the fundamental rights guaranteed under Article 21 of the Constitution of India cannot be abridged due to remarriage by a widow.

Srinagar (Jammu and Kashmir ): The Central Administrative Tribunal (CAT) in Srinagar has reaffirmed the inviolability of fundamental rights guaranteed under Article 21 of the Constitution of India, asserting that these rights cannot be abridged due to remarriage by a widow.

The tribunal's decision made the observation while dismissing a plea seeking to annul the compassionate appointment of a remarried woman, underscoring the importance of companionship through remarriage as integral to an individual's quality of life. Members of the bench, M S Latif (Member, Judicial) and Prasant Kumar (Member, Administrative), emphasized, "Rights under Article 21 cannot be restricted solely on the grounds of widow remarriage."

The CAT, last week, referenced previous Supreme Court rulings that underscored the social and personal significance of remarriage, noting that any statutory provisions limiting remarriage as a condition for employment could potentially violate constitutional rights. It cited a 1988 judgment in Smt. Subhwanti Devi vs. Siksha Adhikshak, Basic Siksha, Nagar Chetra, Allahabad & Ors., which held that remarriage may be a social or biological human necessity, and not a basis for termination of service even under challenging circumstances.

The case originated from a challenge brought by the mother-in-law and brother-in-law of a woman appointed on compassionate grounds after her husband's 2014 death while in government service. They argued that her remarriage invalidated her entitlement to the appointment, which they believed should benefit other dependents facing financial hardship.

Acknowledging the religious dimension, the bench noted, "The woman is Muslim by faith, and Islam does not prohibit the remarriage of widows, a right safeguarded under Article 21."

The Original Application was filed by those aggrieved by the appointment and continued employment of Kounsar Maqbool as Assistant Lineman in the Public Health Engineering Department (PHE) Kashmir under the compassionate appointment scheme, pursuant to SRO 43 (J&K Compassionate Appointment) Rule, 1994. The applicants, the deceased's brother and mother, sought the cancellation of Kounsar Maqbool's appointment.

The CAT emphasized that while cultural expectations may suggest obligations for daughters-in-law towards their deceased husband's parents, these are voluntary and not legally binding. The PHE responded that the deceased's brother, being a major and in good health, has means to support himself and is not entitled to any portion of the remarried lady respondent's salary.

Consequently, the CAT dismissed the application, affirming, "A widow appointed on compassionate grounds retains the right to remarry without prejudicing the rights and interests of other dependents of the deceased."