JUDGMENT

Vikash Jain, J. - Heard learned counsel for the petitioner and learned counsel for the respondents through video conference.

2. Learned counsel for the petitioner hereby undertakes that all defects pointed out by the stamp reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately upon resumption of normal physical functioning of the Court, and in any event within one month thereof.

3. The following reliefs as formulated by the petitioner have been claimed in the writ petition.

"A. For quashing order dated No. 172 dated 1-10-2018 passed by Learned member judicial Central Administrative Tribunal CAT in Patna O.A. No. 50/00399/2017 as contained in Annexure-7 by which appointment on compassionate ground after death of father Late Dileshwar posted as Technician in Grade-III, Gajhandi has been rejected.

(B) And also for quashing order dated 9.11.2015 issued by Senior Divisional EC Railway Dhanbad as contained in Annexure 5 by which petitioner was not appointed on compassionate ground on the ground there is a dispute regarding actual widow of late Dileshwar, EX Technician TRD-GRD.

(C) Also for commanding the respondents to forthwith issue letter of appointment on compassionate ground on appropriate post considering title suit no 44, succession order 5.4.2016 passed by Additional District Judge-VI, Gaya, in session case no.2 of 2015/25/2012.

(D) Also for necessary relief/reliefs, order/orders, direction/directions for which the petitioner is entitled in the eye of law."

4. The short facts of the case, according to the petitioner are that his father, Dileshwar, was appointed in the respondent-railway and was working as Technician in Grade-III, Gajhandi, but unfortunately died in harness on 28.07.2010. It is stated that during his lifetime, Dileshwar married Kapurwa Devi @ Sunita Devi and from the wedlock, four sons including the petitioner were born. The petitioner's father also married Sunita Devi, but there was no issue from that marriage. The petitioner applied for appointment on compassionate ground upon death of his father, Dileshwar, but the same has been denied in terms of letter dated 09.11.2015 (Annexure-5) stating that "there is dispute regarding actual widow of Late Dileshwar Ex Tech/TRD/GJD. Hence, not considerable." The matter was then taken to the Central Administrative Tribunal in O.A. No. 050/00399/2017 which was disposed of by the impugned order dated 01.10.2018. While dismissing the O.A., the following observations have been made in paragraph no. 14, which are reproduced hereinbelow-

"14. I have perused the materials on record and considered the submissions made by both the parties. On examination, it is found that the applicant has failed to place any document which can establish the truth that Smt. Sunita Devi and Smt. Kapurwa Devi is the same person. The Succession Certification obtained by the applicant and his mother, namely, Smt. Kapurwa Devi @ Sunita Devi are under challenge and subjudice before the Court of Munsif 2nd, Gay a in Title Suit No. 44/2017 filed by Sunita Devi, i.e. first wife Late Dileshwar. The said fact is not rebutted by the applicant. As per the policy for appointment on compassionate ground vide RBE No. 42/2018 dated 21.03.2018 the first right of being considered for compassionate grounds appointment is vested, in cases of death of railway servant while in service, with the legally wedded surviving widow provided she has not married at the time of making requests for appointment on compassionate grounds. It is further clarified in the said RBE that in cases of those railway servants who are governed by the Hindu Marriage Act, 1955 there can only be one legally wedded wife/widow, as second marriage, while spouse is living is void/voidable, in view of Section 5(1) read with Section 11 of the Act. In the present case, admittedly two different women claim to be the widow of deceased rai