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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Mousumi Balmiki, W/O- Late Rahul Balmiki – Appellant
Versus
General Manager, North Eastern Frontier Railway Maligaon – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. None appears on behalf of the Petitioner on call. I have heard Mr. M. R. Adhikari, the learned CGC appearing on behalf of the Respondents.
2. The Petitioner herein has approached this Court by challenging the Speaking Order dated 24.03.2025 passed by the Senior Divisional Personnel Officer, N.F. Railway, Lumding and further sought for direction that the application of the Petitioner for compassionate appointment in the Group-D post or any other post be considered.
3. Mr. M. R. Adhikari, the learned CGC appearing on behalf of the Respondents submitted that the instant writ petition is not maintainable. In that regard, he has referred to the Central Administrative Tribunal Rules of Practice, 1993 (for short ‘Rules of 1993’) and more particularly to Rule 154 read with Appendix VI of the said Rules of 1993. The learned CGC also referred to the judgment of the Constitution Bench of the Supreme Court rendered in the case of L. Chandra Kumar Vs. Union of India and Others reported in (1997) 3 SCC 261
4. In the backdrop of the above, let this Court now take note of the brief facts which led to the filing of the present writ petition.
5. The case of the Petitio
The High Court cannot entertain challenges to decisions of the Central Administrative Tribunal; such matters must first be addressed within the Tribunal's jurisdiction per established rules.
Married daughters are eligible for compassionate appointment; non-speaking orders that affect rights violate natural justice.
Point of Law : Compassionate appointment - circular intends to give primacy to the entitlement of the first wife to compassionate appointment where the 2nd marriage is contracted by an employee witho....
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