UNION OF INDIA Vs. SONA DEVI

JUDGEMENT

(1.) This writ petition on behalf of the Union of India and Railways questions the correctness of the judgment of the Central Administrative Tribunal whereby the claim of the respondents for compassionate appointment has been allowed on 11.10.2018 and the review application filed by the petitioner has been rejected by the Tribunal on 01.03.2019.

(2.) The respondent-applicants Sona Devi and Suman Kumar claiming themselves to be the widow and son respectively of late Munna Ram, an Ex-Railway Employee (Safai Karamchari) who died in harness on 13.04.2006. Sona Devi moved an application in the year 2008 for appointment on compassionate basis contending that late Munna Ram had died leaving four children behind who were minors at that time. Her claim had not been considered as one Gayatri Devi claimed herself to be the wife of late Munna Ram. Gayatri Devi had filed a Succession Case No. 73 of 2006 before the Court of learned District Judge, Patna in which Sona Devi was also arrayed as an opposite party. This case dragged on for eight years and vide order dated 31 st January, 2014 the claim of succession made by Gayatri Devi was rejected holding that Sona Devi was the legally wedded wife of late Munna Ram. It was also found that Gayatri Devi was not married to late Munna Ram.

(3.) The said order was tendered before the Railway authorities and Sona Devi also moved before the Administrator General of Bihar for granting a succession certificate in respect of the monetary claims namely the terminal and retiral dues of late Munna Ram. The Railways were insisting for a succession certificate from a Court of law as a certificate from the Administrator General that was granted on 12th March, 2018 was on the basis of affidavits only. The Railway authorities were of the view that a succession certificate issued by a Court of law cannot be equated with a succession certificate of an Administrator General and therefore the claimant was advised to obtain one.