UNION OF INDIA Vs. RICHA LAMA

JUDGEMENT

(1.) This writ petition under Art. 227 of the Constitution of India is directed against the order passed by the Central Administrative Tribunal (for short 'the Tribunal'), granting the application for compassionate appointment to the Respondent herein finding her eligible as per circular of Petitioners herein governing consideration of application for said appointment by setting aside the order dated 04.09.2017 passed by Petitioner herein.

(2.) Shri Ganesh Lama, while working as a Railway servant died in harness on 17.01.2015. The Respondent, who is the daughter from the second wife of the deceased Railway servant made an application before the Railway authorities for grant of compassionate appointment as per prevalent regulations, notifications and circulars which was not decided by the Railway authorities and pursuant to the direction passed by the Tribunal dated 24.01.2016, the same was decided by order dated 04.04.2017 (Annexure P/2) rejecting the claim for compassionate appointment of the Respondent on the ground that she is the daughter from the second wife of the deceased Railway servant and as such, is not entitled to be considered for the privilege of compassionate appointment as the administration had not permitted the second marriage to her father, relying upon the circular dated 02.01.1992 (Annexure P/3).

(3.) Feeling aggrieved and dissatisfied with the order rejecting application for grant of compassionate appointment, the sole Respondent herein preferred an original application under Sec. 19 of the Administrative Tribunals Act, 1985 seeking quashment of the order passed by the Petitioner-Railways with a further direction for consideration of her case for grant of compassionate appointment.