VidhiSangh

Supreme Court of India · 24/02/2022

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

[2022] 1 S.C.R. 644 · 2022 INSC 229

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Summary

The Railways refused to consider a deceased employee’s son for compassionate appointment because he was born to the employee’s second wife. Applying V.R. Tripathi, the Court held that such exclusion violated equality and the express prohibition of discrimination based on descent. It set aside the High Court judgment and required consideration under the extant policy within three months, while preserving scrutiny of every other eligibility requirement. It did not direct appointment.

Issues

  1. Whether birth to a deceased employee’s second wife could by itself disqualify a child from compassionate appointment.
  2. Whether the remedy was appointment or consideration subject to the other policy requirements.

Provisions considered

Held

Result

Appeal allowed; High Court judgment set aside. Appellant’s application to be considered under the extant policy within three months without disqualification solely because he is the second wife’s son. Other eligibility scrutiny preserved; own costs.

Judgment PDF: Supreme Court of India, [2022] 1 S.C.R. 644.