Summary:
MUMBAI:A child born of an illegal second marriage of a railway employee can still be eligible for a job on compassionate grounds after his father dies, the Bombay high court has ruled. The railways rejected the application of his son saying his mother had married his father, while the latter was still married to his first wife. A division bench of Justice Abhay Oka and Justice Sandeep Shinde directed Central Railway to consider the job application filed by a Vithalwadi resident, whose father had died while in service, on compassionate grounds. This circular is completely contrary to the law laid down by the Supreme Court and violates Article 14 of the Constitution of India (equality before law),” said the bench. The railways had relied on its rules and a circular that the children born of second marriage of an employee while his first marriage is subsisting will not be considered for employment on compassionate grounds.“There is a serious question mark on the action of railway board in issuing a circular dated March 21, 2018, excluding the children of the second wife of deceased employees from compassionate appointment..