In Brief
A deceased railway employee's son from the father's second marriage sought compassionate appointment. The Railway Board circular denied such appointments to children of second wives. The Supreme Court held this circular violated Articles 14 and 16(2) of the Constitution. Once law deems such children legitimate, the State cannot exclude them from compassionate appointment consideration. The exclusion created arbitrary discrimination between legitimate children with no nexus to preventing destitution. The Court also found it impermissible discrimination based on descent. The appeal was allowed with directions to consider the applicant's case according to the existing compassionate appointment policy.
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