Case Note & Summary
The case involves a writ petition filed by the Union of India and the Senior Divisional Personnel Officer, South Western Railway, challenging an order dated 16.12.2015 passed by the Central Administrative Tribunal, Bangalore, in O.A.No.170/00765/2015. The Tribunal had allowed the application of the respondent, Sri. Thoushif, observing that there exists a relation of father and son between him and the deceased railway employee, Abdul Azeez Nizamuddin, and directed the petitioners to consider his case for compassionate appointment. The deceased employee, who worked as a key man with the Railways, died on 12.9.2012 while on duty. The respondent claimed compassionate appointment on the ground that he was born to the second wife of the deceased. The Railway authorities did not offer compassionate appointment, leading to the filing of the OA before the Tribunal. The petitioners contended that the marriage of the deceased with the second wife was invalid under Muslim personal law, and therefore the respondent was not a legitimate son entitled to compassionate appointment. The court, after hearing both sides, held that for the purpose of compassionate appointment, the existence of the relationship of father and son is sufficient, and the question of legitimacy under personal law does not arise. The court noted that the respondent had produced a birth certificate and school records showing the deceased as his father. The court dismissed the writ petition, upholding the Tribunal's order and directing the petitioners to consider the respondent's case for compassionate appointment in accordance with the rules.
Headnote
A) Service Law - Compassionate Appointment - Relationship of Father and Son - The issue was whether a son born from the second wife of a deceased railway employee is entitled to compassionate appointment. The court held that the relationship of father and son is established by birth certificate and school records, and the validity of the marriage is not relevant for compassionate appointment. The Tribunal's order directing consideration was upheld. (Paras 4-6) B) Service Law - Compassionate Appointment - Legitimacy - The court held that for the purpose of compassionate appointment, the existence of the relationship of father and son is sufficient, and the question of legitimacy under personal law does not arise. (Para 6)
Issue of Consideration
Whether a son born from the second wife of a deceased railway employee is entitled to compassionate appointment despite the marriage being allegedly invalid under personal law.
Final Decision
The writ petition is dismissed. The order dated 16.12.2015 passed by the Central Administrative Tribunal, Bangalore, in O.A.No.170/00765/2015 is upheld. The petitioners are directed to consider the case of the respondent for compassionate appointment in accordance with the rules.
Law Points
- Compassionate appointment
- relationship of father and son
- legitimacy
- second wife
- Railway Servants (D&A) Rules
- Articles 226 and 227 of Constitution of India
