SOHAN KUMAR MAHTO Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Railways.

(2.) This writ petition is directed against the order dated 12th January, 2015 rendered in Original Application No. 17/2011[R] by the Central Administrative Tribunal, Patna Bench, Patna [Circuit Bench at Ranchi], whereby learned Tribunal refused to interfere in the order dated 13th December, 2007 issued by respondent- Senior Divisional Personnel Officer, East Central Railway, Dhanbad, whereby compassionate appointment was refused to the applicant/writ petitioner herein.

(3.) Undisputedly, applicant/writ petitioner was born out of the second marriage of the deceased employee, who died in harness while serving on the post of Gangman on 19th January, 2003. First wife of the employee had no issue and he had incurred second marriage from which applicant was born. Railway had rejected the application for compassionate appointment in view of the Railway Board circular dated 2nd January, 1992, which did not permit compassionate appointment to the children born out of the second marriage of the employee unless the second marriage was with the permission of administration.