MURLI Vs. GENERAL MANAGER, SOUTHERN RAILWAY

JUDGEMENT

(1.) Challenging the Order passed by the Central Administrative Tribunal, Madras Bench in O.A. No.923 of 2017, dtd. 14/8/2018, confirming the Order passed by the 2nd Respondent in PB/CS/30/MS/Misc/2016/Vol-1, dtd. 27/1/2017 and 14/2/2017, the Petitioner has filed the present Writ Petition.

(2.) The Petitioner herein is the adopted son of late Selvaraj, who worked as Gangman in the Railways, who died in harness, while in service on 24/12/2002. The Petitioner has made a representation to the department in the 2003 seeking compassionate appointment for the death of the said Selvaraj. The representation was rejected by the Respondent on 8/7/2003. Subsequently, the mother of the deceased Employee namely Annammal has filed a Suit before the Civil Court claiming Legal Heirship and for terminal benefits of the deceased Employee. The Suit ended in favour of the said Annammal, the mother of the deceased Employee. Thereafter after a lapse of 13 years on 18/3/2016, the said Annammal has sent representation for compassionate appointment to the Respondent. The said request was rejected by the Respondent-Department. Challenging the same, the Petitioner has filed an application in O.A. No 923 of 2017 and the said application was also dimissed as against the Writ Petitioner herein and hence the present Writ Petition has been filed seeking directions to the Respondent to consider the Petitioner for compassionate appointment on the ground of adopted son to the deceased Employee, namely D. Selvaraj.

(3.) The learned Counsel for the Petitioner has submitted that the Petitioner herein is the adopted son of late D. Selvaraj who worked as Gangman with the Respondent-Authorities and died in harness while in service on 24/12/2002. The Petitioner is the brother's son of the deceased Employee, his name has been entered in the service register and Medical records of the said deceased Selvaraj.