UNION OF INDIA Vs. CAT

JUDGEMENT

(1.) We have heard Shri Tarun Verma assisted by Shri Sharad Ranjan Nigam for the Petitioners. Shri S.S. Sharma appears for the Respondents.

(2.) The Union of India through General Manager, Northern Railway, New Delhi; Chief Administrative Officer (Construction), Northern Railway, Delhi have challenged the directions of the Central Administrative Tribunal, Allahabad dated 16th January, 2008 in Original Application No. 363 of 2003 to pay all the terminal benefits to the widow of late Shri Roshan Lal as may be admissible to her on the death of her husband in service and family pension w.e.f. 4.8.1998, within three months, failing which they shall also be liable to pay interest at the rate of 9%. The Tribunal has also directed the Chief Administrative Officer (Construction) Northern Railway, Delhi to consider the request of Shri Man Singh son of late Shri Roshan Lal for compassionate appointment, within the same period.

(3.) Late Roshan Lal was inducted as Casual Khalasi in Construction Unit of Allahabad Division of Northern Railway under the Deputy Chief Engineer (Construction) on 19.6.1969. He was brought on the scale rate and remained so upto 14.9.1976, when he was transferred to Bridge Construction unit under the Bridge Inspector on 15.9.1976 and participated in the screening test in April, 1977 in terms of Railway Boards letter dated 2.1.1977 for the purpose of forming construction reserve. He was declared successful vide letter dated 28.9.1978. His name could not be included as panel alongwith three or four more similarly situate persons on account of pendency of Court cases against them. After finalization of Court cases, they were treated as regular w.e.f. 1.1.1981. Since the other persons on the same panel dated 28.8.1978 were treated regular from different dates in 1977-1978, on the representations made by the union, the name of Shri Roshan Lal and four others were inserted at appropriate place in the panel vide letter dated 16.5.1979. The lien of late Roshan Lal was fixed on the post of Chowkidar in Allahabad Division vide letter dated 16.8.1984. He died on 4.8.1998, after which his widow Smt. Rajkali and his son Shri Man Singh made a claim for terminal benefits and compassionate appointment. They approached the Central Administrative Tribunal after they did not receive any response to their representations dated 15.1.1999,7.8.1999,8.5.2000 and 20.4.2002.