MAHARANI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) Appellant No. 1 is the widow of one Shri Kailash Singh who was working as Storeman under the Eastern Railways, Bihar while the appellant No. 2 is his nephew. The said Kailash Singh expired on 03.12.1995. He was a permanent employee of the Eastern Railways, now the East Central Railways. He died issueless. As per the claim of the appellants, appellant No. 1 who is a helpless widow, after the death of her husband, the application came to be submitted on 05.12.1995 for compassionate appointment before the Divisional Railway Manager, Danapur (second respondent) in favour of the second appellant since the late Kailash Singh died issueless and in case of the employee dying issueless his near relative could get the compassionate appointment on the basis of a circular No. E (NG) 111/88/RC-111 dated 16.05.1991; RBE 102/91.

(3.) Unfortunately for her, on 13.12.1995, the Railway Board, by its order, took a policy decision and introduced an amendment to the above mentioned Circular dated 16.05.1991 deleting the provision of providing compassionate appointment to the near relative. This decision was circulated by a Circular dated 22.12.1995. It must be added here that the Circular was not retrospective.