VidhiSangh

Supreme Court of India · 11/12/2018

UNION OF INDIA AND ANR. versus V. R. TRIPATHI

[2018] 13 S.C.R. 281 · 2018 INSC 1189

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Summary

The Supreme Court held invalid the Railway Board’s exclusion of children born from a second marriage from consideration for compassionate appointment. Statutory legitimacy under the Hindu Marriage Act could not be confined to inheritance or disregarded through an arbitrary distinction between legitimate children. Consideration, rather than appointment, was directed, subject to financial need and the scheme’s other requirements.

Issues

  1. Whether children recognised as legitimate under section 16 could be excluded from compassionate-appointment consideration because they were born from a second marriage.
  2. Whether invalidation of that exclusion entitled an applicant to appointment irrespective of the scheme’s other conditions.

Provisions considered

Held

Result

Principal appeal dismissed without costs; compassionate-appointment application to be decided within three months subject to the remaining scheme conditions. Connected appeal disposed of without costs with the same consideration period; no unconditional appointment ordered.

Judgment PDF: Supreme Court of India, [2018] 13 S.C.R. 281.