The main legal point established in the judgment is that the children of the second wife, who contracted a second marriage during the lifetime of his first wife without prior approval of the railway authorities, had no legal right to claim appointment on compassionate ground in view of the Railway Board Circular 1/1992.

A.K. Jain, Member (J).

This application has been filed by the applicant for the following relief :-

8.1 The rejection order communicated vide letter dated 14.05.2010 passed by the Divisional Personnel Officer, E.C. Railway (Annexure A/9) be quashed.

8.2 The respondents be directed not go give effect to the rejection order dated 14.05.2010 and to re-reconsider the case of the petitioner afresh and to pass the final order within a reasonable period.

8.3 The respondents be directed to re-consider the case of the petitioner for his appointment on compassionate ground within a stipulated period considering the special circumstances involved in this case.

8.4 The Railway Board's circular No. 1/92 be declared as unjust unfair and unconstitutional and ultra vires.

8.5 The respondents be directed not to discriminate the petitioner and to extend the benefit of employment on compassionate ground at par with the same and similarly situated persons.

8.6 Any other relief or relief’s for which this petitioner is entitled to.

2. No written statement has been filed on behalf of the respondents. The learned counsel for the applicant submitted that since only a limited question of eligibility of children of second wife for appointment on compassionate ground is involved this case could be finally heard and disposed of at the admission stage itself. With the consent of learned counsels for both the sides, the case was therefore finally heard at the admission stage itself.

3. The facts of the case in brief as mentioned in the OA are that the father of the applicant died on 28.01.2007 while he was still in service as Chief Office Superintendent at Carriage & Wagon Depot Barwadih under East Central Railway. The deceased employee left behind his old mother two wives namely Smt. Premlata Devi [1st wife] and Smt. Pratima Prasad (Devi) [2nd wife] two sons and one daughter. The first wife 'of the deceased does not have any issue and she is a mentally retarded lady with 50% disability as per disability certificate issued by District Handicapped Board as contained in Annexure A/3. After the death of father of the 4] applicant his mother (2nd wife of the deceased employee) of the applicant applied for payment of death-cum-retirement dues of her husband. Vide letter dated 20.08.2008 issued by Senior Divisional Personnel Officer. ECR Hazipur (Annexure A/1), she was asked to produce affidavit sworn in before an Executive Magistrate stating that her husband married twice in his lifetime and that his first wife was suffering from mental disease as also a guardianship certificate of first wife issued by a competent Court of law alongwith proof of her mental disease. Information was also sought about dates of the first and second marriage. Thereafter the applicant filed a Civil Miscellaneous case bearing No.01 of 2009 before the learned District Judge. Latehar under Section 52 of Mental Health Act 1987 for appointment as guardian and manager of the Estate of Smt. Premlata Devi widow of Late Law Kumar Prasad. In the detailed order dated 22.05.2009, the learned Session Judge. Latehar has observed that Smt. Premlata Devi who appeared before the Court on notice was mentally ill and she required proper and care and assistance in her day to day life. No objections were also filed by the mother of the deceased employee and his other children in favour of the appointment of the applicant as guardian and manager of the Estate of Smt. Premlata Devi. In such situation the learned Session Judge appointed the applicant as guardian and manager, of Smt. Premlata Devi (Annexure A/2). Accordingly death-cum-retiral dues were' paid in the name of the applicant and deposited in the bank as directed by the learned Session Judge. She is also getting pension regularly without any disturbance.

4. The applicant being the eldest son of the deceased employee applied for his appointment on compassionate ground stating clearly that he was a matriculate and after the death of his father there was