1. Heard learned counsel for the petitioners and learned counsel for the Railways.

2. The relevant facts lie within a narrow compass. Under a circular dated 16.5.1991 the Railways introduced a scheme for compassionate appointment which included for consideration of case of a near relative of the deceased employee dying in harness. The circular is available as annexure-1 and provides that in case an employee dies in harness leaving behind only a widow and no children then appointment of a near relative may be considered in case of hardship and on merits of each case. The husband of petitioner no. 1, Kailash Singh expired on 3.12.1995 while he was a permanent employee of the Eastern Railway now the East Central Railway. The claim was advanced for appointment of a nephew of deceased Kailash Singh which was in the first instance rejected by a non speaking order dated 19.3.1997 and when that order was set aside by the Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as the Tribunal) in O.A. No. 155/2000 and matter was remanded, by another order dated 12.8.2002 which is a speaking order available on record as Annexure-8. That order was challenged by t