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Supreme Court of India 2019-02-01 allowed

Union of India & Ors vs Md. Samim Azad

Bench: 2 — R. Subhash Reddy

In Brief

The Supreme Court addressed whether a railway employee could claim heir's preference to become a halt contractor (ticket seller) at a railway station. The respondent's father held the contract but it expired in 2010 and was never renewed. The respondent was subsequently allowed to work temporarily following his father's illness on humanitarian grounds. When a fresh contract tender was announced, though the respondent participated, he was unsuccessful. The Court held that an expired, unrenewed contract cannot form the basis for claiming heir's preference. Temporary permission granted out of sympathy does not create contractual rights or status as an existing contractor. The Court allowed the Union of India's appeal and set aside the High Court's order directing the respondent's appointment."

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Administrative Law Employment Railway Contracts Succession Rights Constitutional Law

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