UNION OF INDIA AND ORS Vs. AMIT KUMAR

JUDGEMENT

(1.) The petitioners/Northern Railways are aggrieved by the judgment dated 212017, passed by the Central Administrative Tribunal allowing O.A. No.3560/2016, filed by the respondent, son of late Shri Bani Singh, who was working on the post of a Goods Guard.

(2.) Under the impugned order, the Tribunal has set aside the orders dated 29.12015 and 10.02016 passed by the petitioners, rejecting the respondent's request for appointment on compassionate grounds on the demise of his father, Shri Bani Singh on 05.11.2015, on the ground that on the date of his demise, Shri Bani Singh was not an employee of the Northern Railways.

(3.) The plea taken by the petitioners before the Tribunal was that based on the findings of a departmental enquiry, Shri Bani Singh had been removed from service whereafter, the Appellate Authority had passed an order dated 07.07.2015, directing his reinstatement by placing him at the bottom of the seniority in the initial grade of Goods Guard on humanitarian grounds, subject to his medical fitness. When Shri Bani Singh was still undergoing re-medical examination, he had expired on 05.11.2015. Observing that the respondent's father had not completed his medical examination as mandated in the reinstatement order on 07.07.2015, the petitioners decided that he could not be treated as an employee of the Northern Railway. Resultantly, the request of the respondent for appointment on compassionate grounds, was rejected.