Supreme Court of India · 2022-02-24
Mukesh Kumar vs Union Of India General Manager
- Court
- Supreme Court of India
- Petitioner
- Mukesh Kumar
- Respondent
- Union Of India General Manager
- Author
- Uday Umesh Lalit
- Bench
- Pamidighantam Sri Narasimha, S. Ravindra Bhat, Uday Umesh Lalit
Judgment text excerpt
The Supreme Court ruled that the Railway Board's circular prohibiting compassionate appointments for children born from a second wife of a deceased employee is unconstitutional and discriminatory under Article 16(2). The court referenced its previous judgment in Union of India v. V.R. Tripathi, affirming that such a denial based on descent is not legally sustainable. Consequently, the appeal was allowed in favor of the appellants.