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Prakash Kumar Rai Minor vs The State Of Bihar And Ors on 18 April, 2019 cites

Union Of India And Ors vs Union Of India & Others (Supra) on 18 November, 2014

The authoritative pronouncement of apex court on the point of compassionate appointment in V.R.Tripathi (Supra) eclipses the decision of the Full Bench of this Court in Union of India Vs. Sanjay Kumar (Supra), which was even based on misconstruction of Railway Board's circular dated 02.01.1992 as the said circular was not in existence after Namita Goldar's case.
Jammu & Kashmir High Court Cites 2 - Cited by 33 - T Rabstan - Full Document

Union Of India And Anr. vs V.R. Tripathi on 11 December, 2018

57. We are also of the opinion that in view of the ratio laid down by the Supreme Court in Union of India Vs. V.R.Tripathi (Supra), an employer, who is amenable to Part III of the Constitution cannot deny the benefit of compassionate appointment, which is available to the other legitimate children. The State cannot lay down a condition while making the scheme or rules inconsistent with Article 14 of the Constitution. In view of Section 16 of the Hindu Marriage Act, 1955, which regards a child born from a marriage entered into while the earlier marriage is subsisting to be legitimate, the condition of prior approval of the employer before the second marriage of the deceased employee cannot be sine qua non to the children born out of second marriage. Such a condition of exclusion would be arbitrary and ultra vires as it would bring out unconstitutional discrimination between legitimate children, who form one class.
Supreme Court of India Cites 18 - Cited by 100 - D Y Chandrachud - Full Document

Rameshwari Devi vs State Of Bihar And Others on 27 January, 2000

The learned Tribunal, in our opinion, has rightly held that the claim of the petitioner No. 2 herein for compassionate appointment cannot be turned down on the ground it was done although the learned Tribunal did not issue any mandatory direction on the Patna High Court L.P.A No.1305 of 2013 dt.18-04-2019 38/54 respondents authorities for granting compassionate appointment to the said son of the second wife, namely the petitioner No. 2 herein and directed the General Manager, Eastern Railway to refer the matter to the Railway Board for taking decision. We are, however, of the opinion that the circular issued by the Railway Board on 2nd January, 1992 preventing the children of the second wife from being considered for appointments on compassionate ground cannot be sustained in the eye of law in view of the specific provision of the Hindu Marriage Act, 1955 and pursuant to the decision of the Hon'ble Supreme Court in the case of Rameshwari Devi (supra).
Supreme Court of India Cites 10 - Cited by 245 - D P Wadhwa - Full Document
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