Case Note & Summary
The petitioners, Smt. Girija Suresh Borade (second wife) and her son Sagar Suresh Borade, filed a writ petition against the Union of India and railway authorities. The deceased employee, Suresh Shankar Borade, worked as a Khalasi-Helper with the Central Railway and died on 26 June 2007. He had married Vandana as his first wife, who withdrew from the marriage soon after without cohabiting. Seven years later, he married petitioner no.1. Petitioner no.2, their son, was a minor at the time of his father's death. Upon attaining majority on 16 September 2011, petitioner no.1 applied for compassionate appointment for her son. The application was rejected based on Circular No.5 of Master Circular No.16, which the respondents interpreted as excluding children of the second wife from compassionate employment. The court examined the circular and found that it only deals with sharing of settlement dues between widows and does not bar children of the second wife from compassionate appointment. The court held that the circular does not disentitle the children of the second wife from being considered for compassionate employment. The petition was allowed, and the respondents were directed to consider the application for compassionate appointment on its merits within eight weeks.
Headnote
A) Service Law - Compassionate Appointment - Children of Second Wife - Railway Circular No.5 of Master Circular No.16 - The issue was whether the son of the second wife of a deceased railway employee is eligible for compassionate appointment. The court held that the circular does not exclude children of the second wife; it only clarifies that settlement dues may be shared by both widows. The court directed the respondents to consider the petitioner's application for compassionate appointment on merits. (Paras 3-16)
Issue of Consideration
Whether the children of the second wife are entitled to be considered for compassionate employment under the Railway circulars.
Final Decision
The petition is allowed. The respondents are directed to consider the application of petitioner no.2 for compassionate appointment on its own merits in accordance with the applicable rules and circulars within eight weeks from the date of this order.
Law Points
- Compassionate appointment
- second wife
- children of second wife
- Railway circular
- Master Circular No.16
- Circular No.5
- eligibility for compassionate employment
