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2014 Supreme(Ker) 870

ANTONY DOMINIC, DAMA SESHADRI NAIDU
Union of India Represented by The General Manger, Southern Railway, Chennai – Appellant
Versus
Fancy Babu W/o. Babu Thomas – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. Tojan J. Vathikulam
For the Respondent: Sri. Martin G. Thottan, Sri. M.P. Varkey

JUDGMENT :

Antony Dominic, J.

This writ petition is filed by the respondent in O.A. No. 49 of 2009 challenging the order dated 05.02.2010 passed by the Central Administrative Tribunal, Ernakulam. The respondent was a clerk in the Palakkad Division of Southern Railway. She became paraplegia due to spinal compression of spinal cord. She, therefore, made Annexure 4 application dated 02.02.2002 enclosing a medical certificate issued by a medical board of the Medical College Hospital, Kottayam, stating that she has been declared as medically unfit in all cases and stating that she desired to retire voluntarily. She also requested that her daughter Kumari Reshma Babu, aged 7 years may be considered for appointment on compassionate grounds.

2. Her application was eventually accepted and Annexure A5 order dated 15.02.2002 was issued by the Divisional Office of the Southern Railway terminating her from service from 15.02.2002. She was granted admissible invalid pension and the other benefits also. In the year 2009, she filed O.A. No. 49 of 2009 seeking the benefit of Section 47 of the Persons with Disabilities (equal opportunities, protection of rights and full participation) Act, 1995 and rei






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