KUMARI DINU BHENGRA Vs. UNION OF INDIA REPRESENTED THROUGH THE GENERAL MANAGER, SOUTH EASTERN RAILWAY, KOLKATA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant case relates to refusal of compassionate appointment of the Applicant/Writ Petitioner, daughter of second wife of the deceased employee, late William Bhengra who died on 16.2000 while working as Mate under the Section Engineer(P.Way) in Bahalda Road Railway Station, District Mayurbhanj under the Chakradharpur Railway Division, South Eastern Railway. The Applicant's claim was rejected by order dated 9.2005(Annexure-3) as per the provisions of Railway Board's Circular dated 1.1992, which provided that appointment on compassionate grounds to the offspring born out of the second marriage of the employee, contracted during subsistence of first marriage is not permissible.

(3.) The Applicant approached the Cuttak Bench of learned Central Administrative Tribunal (CAT) in Original Application (O.A.) No. 494 of 2009(Annexure-7) after her representation made for reconsideration failed to redress the grievances. According to the Applicant, one Sharda Kumari, daughter of the second wife of the deceased employee Late R.D. Thakur, who was also denied appointment on the same ground in the year 2007, was asked to attend written test on 30.12.2008 to provide her appointment under Group-C post on compassionate grounds. When the representation made on the ground of parity on 16.1.2009 before the Senior Divisional Personnel Officer was not heeded to, did the Applicant approach the Cuttak Bench. The said O.A was dismissed on the point of jurisdiction by order dated 27.10.2009. Thereafter the present O.A. No. 170 of 2010(R) was preferred with M.A. No. 20 of 2011 seeking quashing of the order of rejection dated 2.9.2005 and condonation of delay in filing the O.A. The learned Tribunal by the impugned order dated 4.2012 has dismissed the O.A. being guided by the Circular dated 2.1.1992 and also on the ground of delay in moving the learned CAT.