Legal Issue: Whether Rules of compassionate appointment are discriminatory violating article 14 of the constitution of India.

Rules of compassionate appointment cannot violate the mandate of Article 14 of the Constitution. Section 16 of the Hindu Marriage Act regards a child born from a marriage entered into while the earlier marriage is subsisting to be legitimate, therefore it would violate Article 14 if the policy or rule excludes such a child from seeking the benefit of compassionate appointment. The circular of government creating two categories between one class without and any nexus to the objects sought to be achieved is invalid. Once the law has deemed them legitimate, it would be impermissible to exclude them from being considered under the policy. Exclusion of one class of legitimate children would fail to meet the test of nexus with the object, and it would defeat the purpose of ensuring the dignity of the family of the deceased employee.