UNION OF INDIA Vs. HIMALA RANI MALICK

JUDGEMENT

(1.) THIS application under Article 226/227 of the Constitution of India is at the instance of Union of India, the employer and is directed against order dated 31st August, 2005 passed by the Central administrative Tribunal, Calcutta Bench in O. A. No. 863 of 2005 thereby allowing an application under section 19 of the Administrative tribunal Act, filed by the private respondent.

(2.) THE following facts are not in dispute. The predecessor-in-interest of the applicants before tribunal was an employee of the railway and was admitted in B. R. Singh Hospital as indoor patient and was missing from the said hospital on and from 21st May, 1997. The missing employee could not be traced and ultimately in the year 2001 the employer decided to release the settled dues to the heirs of the original employee. The wife of the employee prayed for compassionate appointment of her son the applicant No. 2; but the railway authority by letter dated 16th February, 2001 informed the applicant No. 1 that the competent authority did not consider the case as a fit one for compassionate appointment.

(3.) BEING dissatisfied the applicants in the past filed another application under section 19 of the Act being O. A. 435 of 2005 and the tribunal disposed of such application by directing the applicants to give a representation with further direction upon the employer to consider such representation within three months from the date of receipt of the representation of the applicants.