R VASUGI Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD the arguments of Mrs. Aparna Nandakumar, learned Standing Counsel representing the Union of India represented by the Railways, Mr. P.V.S. Giridhar for M/s P.V.S. Giridhar Associates appearing for the petitioner and the third respondent in W.P. Nos.17608 of 2007 and 21678 of 2007 respectively and Mr. AR. L. Sundaresan, learned Senior Counsel appearing for Mr.G. Thiagarajan for the fifth respondent and second respondent in W.P. No. 17608/07 and W.P. No. 21678 / 07 respectively and perused the records.

(2.) THE petitioner in W.P. No. 17608 of 2007 challenges the order of the Central Administrative Tribunal (CAT) made in O.A. No. 732 of 2006 dated 04.5.2007 wherein and by which the compassionate appointment dated 13.9.2006 given in favour of the petitioner was set aside and a direction was given to the Railways to consider the case of the fifth respondent Senthil Kumar for grant of such appointment. Against the very same order, the Union of India has filed W.P. No. 21678 of 2007 and both the writ petitions were heard together and a common order is being passed.

(3.) HOWEVER, G. Senthil Kumar, the first wife's son and the first respondent herein sent a representation dated 29.11.1999 stating that he and his sister Vasumathi alone are the legal heirs. Therefore, all the terminal benefits due to the death of his father should go to them to the exclusion of the petitioner R. Vasugi and her children. He filed a Civil Suit in O.S. No. 141 of 2000 before the District Munsif Court at Thirupathur and prayed for a declaratory relief. The said suit was dismissed by a judgment dated 29.11.2004. The learned Munsif found that Mrs. Vasugi was a legally wedded wife and her marriage took place subsequent to the death of his first wife. On the basis of the said finding, 1/4th share of the DCRG was directed to be paid to Senthil Kumar and the balance was paid to Vasugi. Likewise, an appropriate share in the Group Insurance was also paid to Senthil Kumar and out of the pension amount, 50% was paid to Vasugi and the balance 50% to Senthil Kumar.