SHEIKH MOHAMMAD RAHIM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard, learned counsel for the appellants, Mr. Girish Mohan Singh and learned counsel for the respondent / railway, Mr. Gautam Rakesh.

(2.) Learned counsel for the appellants has submitted that the deceased was a "railway servant" as defined under Sec. 2(34) of the Railways Act as well as the counter affidavit admits the same position in para-7 at page-3&4 of the counter affidavit dtd. 14/1/2020, which may be profitably quoted hereunder:-

(3.) Learned counsel for the appellants has further submitted that in view of the judgment of the Apex Court in the case of Thazhathe Purayil Sarabi and Others Vs. Union of India and Another reported in (2009) 7 SCC 372, the interest may be paid @ 7.5% from the date of filing of the claim application till the date of actual indemnifying of award. Paragraph - 38 of the aforesaid judgment is re-produced hereunder:-