VidhiSangh

Supreme Court of India · 05/12/2023

ASHOK KUMAR MEWARI versus UNION OF INDIA & OTHERS

[2023] 16 S.C.R. 1535 · 2023 INSC 1092

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court directed compassionate appointment of a railway employee’s son after the Railways accepted the employee’s voluntary retirement while ignoring the express condition that his son be appointed. The composite request could not be split in that manner without informing the employee and allowing him to reconsider. The renewed rejection also failed to address the Court’s governing precedent.

Issues

  1. Whether the Railways could accept voluntary retirement while rejecting the compassionate-appointment condition attached to it.
  2. Whether the later medical-decategorisation clarification justified refusing the composite request made earlier.

Provisions considered

Held

Result

Appeal allowed. Tribunal orders in the original application and review, the High Court order and the Railways’ renewed rejection were set aside. Compassionate appointment of Mukesh Mewari to the applicable post directed within four weeks of communication of the order; no order as to costs.

Judgment PDF: Supreme Court of India, [2023] 16 S.C.R. 1535.