LAWS(CHH)-2019-6-148

SOUTH EAST CENTRAL RAILWAY Vs. RAKESH KUMAR JANGDE

Decided On June 26, 2019
South East Central Railway Appellant
V/S
Rakesh Kumar Jangde Respondents

JUDGEMENT

(1.) This writ petition is directed against the order dated 11.04.2018 passed by the Central Administrative Tribunal, Jabalpur Bench, Circuit Sitting at Bilaspur (hereinafter to referred as "the Tribunal") in OA No. 203/00291/2016, by which the application filed by the Respondent herein has been granted directing the Petitioners herein to consider his case for grant of compassionate appointment.

(2.) In order to decide the lis brought before this Court, following essential facts are required to be noticed.

(3.) Shri Uttam Kumar Jangde, while working as a Co-Driver in the South East Central Railway, died in harness on 10.11.1996. Thereafter, the Railways, on 28.08.2000 directed the three wives of the deceased Railway servant namely, Smt. Ganga Bai, Smt. Premlata Jangde and Smt. Savita Bai to produce the Succession Certificate for payment and settlement of retiral dues including Provident Fund, CGDGIS, Saving Fund, DCRG, Family Pension etc. At that very time, the Respondent was minor as his date of birth is 14.04.1989. The Respondent herein became major only on 13.04.2007. On receiving the memo dated 28.08.2000, the private Respondent along with his brother and sister namely Tarun Kumar and Ku. Sangeeta filed an application for grant of Succession Certificate on 18.10.2000, which was granted to them on 12.11.2009 and retiral dues were thereafter appear to have been settled by the Railways to the private Respondent and his brother and sister. Thereafter, only on 05.07.2011, the Respondent herein made an application for grant of compassionate appointment to him, which was rejected by order dated 22.11.2011 stating inter alia on ground of delay as the Railway servant died on 10.11.1996 and after a period of 11 years, the application for grant of compassionate appointment cannot be considered and further the Respondent, being the son of the 2 nd wife of the deceased Railway servant, was not eligible for compassionate appointment.