Central Railway told to reconsider stepson's job plea

The Bombay High Court on Thursday ordered the Central Railway to reconsider the application of a Thane resident seeking job on compassionate grounds. The railways rejected his application on grounds of him being a child from the second marriage of his deceased father, who had not divorced his first wife.

A division bench of Justice Abhay Oka and Justice Sandeep K Shinde while setting aside the communication dated December 6, 2016, issued to Yuvraj Khadake said "There is a serious question mark against the action of Railway Board of issuing circular dated March 21, 2018, excluding the children of the second wife of deceased employees from compassionate appointment. This circular is completely contrary to the law laid down by the Apex Court and violates Article 14 of the Constitution of India (Equality before law).

Khadake's father Dajee Jawoo had died in harness on August 12, 2003. Yuvraj applied for job in the railways on compassionate grounds. Railways argued that appointment on compassionate ground is governed by a policy. He relied upon the circular of the Railway Board dated 21st March 2018 which specifically lays down that a son or a daughter of an employee who can be treated as legitimate under Section 16 of the said Act of 1955 is not entitled to seek compassionate appointment.

The bench after going through the judgements of Apex court which deals with similar issues said, "The application was made by the petitioner and his mother in the year 2016, when the present circular of 2018 was not applicable. Hence in view of the earlier judgements that would apply to his case, he was entitled to compassionate appointment being son of the deceased Railway employee."