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december 2018

Supreme Court of India · 2018-12-11

Union Of India And Anr. vs V.R. Tripathi

Citation / case number
AIR 2019 SUPREME COURT 666
Court
Supreme Court of India
Petitioner
Union Of India And Anr.
Respondent
V.R. Tripathi
Author
D.Y. Chandrachud
Bench
M.R. Shah, Dhananjaya Y Chandrachud

Judgment text excerpt

The Supreme Court upheld the Bombay High Court's decision allowing the respondent's application for compassionate appointment despite his father's second marriage, citing Section 16 of the Hindu Marriage Act, 1955, which legitimizes children from void marriages. The Court noted that the Railway Board's circular from 1992, which denied such appointments, was set aside by the Calcutta High Court in Namita Goldar v Union of India. The Court emphasized that compassionate appointments should be considered on their merits, irrespective of the marital status of the deceased employee.

Union Of India And Anr. vs V.R. Tripathi · Niyam