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Judgment
Heard learned counsel for the parties.
In the present case, the petitioner is the son of second wife of his father who wants his appointment on compassionate ground.
Admittedly, the father of the petitioner was an employee of the Railway administration, has died in harness and, during his life time, he has entered into second marriage on the ground of there being no issue from his first wife. The first herself has arranged the second marriage of his husband with her own sister and, the petitioner is the son of second wife of his father.
Earlier resistance was offered by the Railway administration for grant of relief but, ultimately, the Railway has changed the policy and has brought circular vide Circular RBE No. 218/2019 dated 30.12.2019 (Annexure-A to the Counter Affidavit) whereby it has been provided that a child born from the second wife can also be considered for compassionate appointment but, only after ascertaining that there is no objection from the side of the first wife or her children.
When the first legally wedded wife files an application for compassionate appointment either for herself or for her children, such claim will have the priority over any competing claim made by second wife for compassionate appointment of herself or for any of her children. In the present case, the first wife herself has claimed for compassionate appointment of her son, the present petitioner. In that view of the matter, let the Railway administration should consider the application of the petitioner for his appointment on compassionate ground within a period of four weeks from the date of receipt/production of a copy of this order.
This order has been passed with the assistance of the learned counsel for the Railway administration.
With the aforementioned observation and direction, this writ application is disposed of.