Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Hindu Marriage Act, 1955 (25 of 1955) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service law : Appointment – Compassionate appointment –Son born to railway employee from second marriage contractedduring the subsistence of his first marriage – Benefit ofcompassionate appointment to the son on the death of his father –Claim for – Rejected by the Railway Authorities, however, allowedby the tribunal and the High Court – Held: There is no right assuch to compassionate appointment but only an entitlement, wherea scheme or rules envisaging it exist, to be considered in accordancewith the provisions – Having regard to the purpose and object of ascheme of compassionate appointment, once the law has treatedchildren born out of second marriage during the subsistence of thefirst marriage as legitimate, it would be impermissible to excludethem from being considered for compassionate appointment –Children do not choose their parents – To deny compassionateappointment is deeply offensive to their dignity and to theconst itutional guarantee against discrimination – Thus, theexclusion of a child born from a second marriage from seekingcompassionate appointment under the terms of the circular of theRailway Board is ultra vires – Hindu Marriage Act, 1955 – s. 16.An employee working with Indian Railways, died in harness.He had contracted a second marriage during the subsistence ofhis first marriage and a son was born to him from the secondmarriage. The respondent-son applied for compassionateappointment on the death of his father. The Railway authoritiesrejected the application in view of the circular of the Railway Boardwhereby compassionate appointment could not be granted to thechildren born from a second marriage of a deceased employee(except where the marriage was permitted by the administrationtaking into account personal law, etc). However, the tribunal andthe High Court held in favour of the respondent. Hence thepresent appeal. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2018 INSC 1189 |
Petitioner | Union Of India And Anr. |
Respondent | V.r. Tripathi |
SCR | [2018] 13 S.C.R. 281 |
Judgement Date | 2018-12-11 |
Case Number | 12015 |
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