MUKESH KUMAR & ANR versus THE UNION OF INDIA & ORS.

MUKESH KUMAR & ANR versus THE UNION OF INDIA & ORS.

The Railway Board circular condition denying compassionate appointment to children born from the second wife violates Articles 14 and 16(2) of the Constitution by discriminating on the ground of descent; the High Court judgment is set aside and the appellant Mukesh Kumar must be considered under the extant...

Source-derived case information.

Parties
Appellant: Mukesh Kumar; Appellant: Gayatri Devi; Respondent: The Union of India & Ors.
Jurisdiction
India
Judgment Date
24 February 2022
Procedural Posture
Civil Appeal / Decision on Appeal by the Supreme Court
Outcome
Appeal allowed
Legal Topics
Article 16(2), Compassionate Appointment, Descent and Discrimination
Constitutional Law Administrative Law Employment Law Article 16(2) Compassionate Appointment Descent and Discrimination

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Parties

Mukesh Kumar

Appellant

Gayatri Devi

Appellant

The Union of India & Ors.

Respondent

Procedural Posture

Civil Appeal / Decision on Appeal by the Supreme Court

Legal Issues

  1. 1 Whether the Railway Board circular condition denying compassionate appointment to children born from the second wife of a deceased employee is legally sustainable

Ratio Decidendi

The Railway Board circular condition denying compassionate appointment to children born from the second wife violates Articles 14 and 16(2) of the Constitution by discriminating on the ground of descent; the High Court judgment is set aside and the appellant Mukesh Kumar must be considered under the extant compassionate appointment policy, with the authorities to complete consideration within three months.

Court Disposition

Appeal allowed

Orders

  • Set aside the judgment and order dated 18.01.2018 of the High Court of Judicature at Patna in CWJC No.18153 of 2017.
  • Direct the Authorities to consider appellant No.1's application for compassionate appointment as per the extant policy and complete the process within three months from the date of this judgment.