UNION OF INDIA Vs. SUMITRA DEVI

JUDGEMENT

(1.) This application has been preferred against the order dated 04.10.2018 passed by the Central Administrative Tribunal, Patna Bench, Patna in O.A. /050/00793/2016, whereby the order dated 28.06.2016 has been quashed and set aside and the respondents have been directed to consider the case of the applicants afresh within three months.

(2.) The facts in brief are that the applicant (respondent herein) is the wife of Late Bhola Prasad, a Railway employee, who died in harness on 25.06.2010 leaving behind the applicant and three children. Aggrieved by the denial of retiral benefits and family pension pursuant to the death of her husband, she filed O.A. No. 330 of 2014 for directing the railway authorities to make payment of the retiral dues of Late Bhola Prasad and to start family pension, to consider the applicant's case for compassionate appointment and for statutory interest on the unpaid retiral dues besides other reliefs. The said application was disposed of by order dated 20.04.2015 with a direction to the Railway authorities to treat the application as a representation and to dispose of the same in terms of the applicable Rule/ Guidelines and the factual position relating to the status of the applicant by a reasoned and speaking order within a period of three months.

(3.) In compliance of the order dated 24.09.2015 passed in O.A. No. 330 of 2014, the order dated 28.06.2016 was passed by the Senior Divisional Personal Officer, East Central Railway, Danapur holding that on an enquiry being made it transpired that the applicant Sumitra Devi is not legally married wife of Late Bhola Prasad and as such, her claim for payment of dues and compassionate appointment was not admissible as per rule, hence denied. Aggrieved by the said order dated 28.06.2016, the applicant preferred O.A. No. 793 of 2016 in which the impugned order dated 28.06.2016, was quashed and the respondents, were directed to consider the case of the applicant afresh within three months. It is against this order dated 04.10.2018 that the instant writ application has been preferred.