In Brief
An employee's son born from the deceased father's second marriage sought compassionate appointment under Railway Board policy. The policy denied such appointments to children of second marriages. The Supreme Court held that once the law deems such children legitimate under Hindu Marriage Act section 16, denying them compassionate appointment violates Article 14 (equality) and Article 16(2) (non-discrimination on ground of descent). The exclusion lacks reasonable nexus to the scheme's object of preventing family destitution. The Court set aside the denial and directed reconsideration of the applicant's case under extant policy without discrimination.
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