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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

Digitally

signed by

BALAJI B GA OL VA INJI DRAO WRIT PETITION NO.8213 OF 2025

GOVINDRAOPANCHAL

PANCHAL Date:

2026.01.16

11:29:33

+0530

The Central Manager,

Central Railway, Mumbai & Anr. .. Petitioners

Vs.

Ms. Padma Hemareddy Kotgiri .. Respondent

...

Mr. A. A. Garge, Advocate for the Petitioners.

Ms. Linet K. Jadhav a/w Ms. Olivil S. Nadar, Advocates for the

Respondent.

...

CORAM : SHREE CHANDRASHEKHAR, CJ &

GAUTAM A. ANKHAD, J.

DATE : 23^rd DECEMBER 2025.

P.C. :

The Union of India has challenged the direction issued by the

Central Administrative Tribunal, Mumbai Bench in Original

Application No.617 of 2023.

2. Before the Tribunal, the applicant, who is the respondent in

the writ petition challenged the order dated 28^th June 2023 by which

her application for compassionate appointment was rejected on the

ground that (i) she is the daughter of second wife of the employee,

namely, Hemareddy Kotgiri and (ii) she is not entitled to seek

benefits under the Circular dated 31^st December 2019, which

permitted the children of second wife to seek compassionate

appointment.

3. The Tribunal in its order dated 17^th October 2024 referred to

the decision in “Union of India & Anr. v. V. R. Tripathi” (2019) 14 SCC

646 and held that the children of second wife are entitled for

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compassionate appointment. The order dated 28^th June 2023

declining the application of the respondent for compassionate

appointment was set aside and the respondent authorities were

directed to decide her application in accordance with law within six

months. The Tribunal, however, made it clear that all contentions of

the parties are kept open, but the respondent-authorities shall not

reject the application for compassionate appointment on the ground

that the respondent is the daughter of second wife. The Tribunal

held as under :-

“10. In this view of the matter, OA will have to be allowed.

Accordingly, OA is allowed. The order of the respondents dated 28^th

June, 2023 stands set aside. The respondents shall consider and

decide the application of the applicant for appointment on

compassionate ground in accordance with law and on the basis of

extent Circulars within a period of six months from the date of receipt

of a certified copy of this order. All the contentions of both the parties

are kept open. It is made clear that the respondents shall not reject

the application on the ground that the applicant is the daughter of the

second wife. Pending Mas, if any, stand disposed of. No costs.”

4. This is not in dispute that Hemareddy who was an employee of

the Central Railways died in harness on 9^th April 2009. The

application for compassionate appointment made by his son was not

decided and the respondent’s application, as noticed above, has

been dismissed on the aforementioned grounds. In “V. R. Tripathi”,

the Hon’ble Supreme Court held that the exclusion of a child born

from a second marriage from seeking compassionate appointment

under the terms of the Circular of the Railway Board is ultra vires. In

the said case, the Hon’ble Supreme Court referred to the decisions of

the Calcutta High Court and Madras High Court. It was held that

section 16(3) of the Hindu Marriage Act, 1955 does not affect the

principle declared in sub-section (1) of section 16 in regard to the

legitimacy of the child born from a marriage which is null and void.

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As to the applicability of Circular dated 31^st December 2019, we may

indicate that the claim of the respondent was required to be

considered in the light of the Circular which was applicable on the

date of consideration and not on the basis of the Circular which was

applicable at the time of death of the employee. A claim for

compassionate appointment is required to be considered wit