Judgment:
Mahinder Narain, J.
(1) Rule D.B. The petitioner-Union has come to this Court by a public interest writ petition to inform this Court of arbitrary actions on the part of the respondents to impose a condition of service in cases of compassionate employment, that a widow who has been given compassionate employment shall not be permitted to remarry, and that she will lose her job in the event she got remarried.
(2) The condition which is impugned in this petition is that 'Meera Rani shall not remarry failing which her services will be terminated'.
(3) Compassionate employment was given to Meera Rani. She was married to a Municipal employee Shobha Ram, who died leaving three children from his first wife, and one child from Meera Rani.
(4) At least as far as one child of Shobha Ram is concerned, Meera Rani was the mother and as a mother, she took all responsibilities for rearing that child. There is no averment that the child, Meera Rani and Shobha Ram had, has been abandoned.
(5) The condition that Meera Rani shall not remarry failing which her services will be terminated, appears to be completely arbitrary and in violation of fundamental right to life and personal liberty which is enshrined in Article 21 of the Constitution of India. Right to marry or remarry is every individual's right, as he/ she may believe that life could neither be full nor complete without having a companion to whom he/she is married in accordance with law. Such a condition, as has been imposed, in our view, violates the prohibition contained in Article 21 of the Constitution of India because of such a violation, it is liable to be struck down as something contrary to the Constitution and public policy in a welfare State.
(6) We order striking out of this particular provision in the contract of employment with Meera Rani.
(7) Mr. Gupta, on behalf of the respondents, has brought to out notice an Office Memorandum No. 14014/6/86-Estt. (D), dated 30 June, 1978, issued by the Government of India, Department of Personnel & Training. According to Clause thereof, 'a widow appointed on compassionate grounds would be allowed to continue in service even after marriage.'
(8) Counsel for the respondents says that in view of the aforesaid provisions, Meera Rani is at liberty to 'remarry as per rules'. Meera Rani being a widow, there being no restraint by any personal law against remarriage, no rule having been brought to our notice which prevents remarriage, she is entitled to remarry. Even if a rule prohibiting remarriage exists, it will be liable to be challenged for breach of Article 21 of the Constitution of India, in an appropriate matter. We need not say anything more about it in this petition.
(9) Inasmuch as the writ petition has been filed as a public interest litigation by a Union of M.C.D. Employees, we declare that the M.C.D. is not entitled to impose a condition like the one which was imposed in the case of Meera Rani in connection with giving of employment to any person on compassionate grounds.
(10) If any such condition is imposed in any contract of employment, that would be ultra virus the provisions of Article 21 of the Constitution of India, and will be of no effect in law.
(11) The writ petition succeeds. The impugned condition being ultra virus Article 21 of the Constitution, shall not be enforced against either Meera Rani or any other employee of the M.C.D.