The petition challenges the order dated 21.08.2024 passed by the Central Administrative Tribunal, Jaipur Bench. (!) (!) [1] The deceased employee was a permanent employee of North Western Railway who died on 24.08.2019 while serving as Cipher-Operator; the respondent, his sole surviving family member and daughter, applied for compassionate appointment, which was rejected on 08.01.2020. (!) [2] The Tribunal accepted the respondent's Original Application and remanded the matter for reconsideration of compassionate appointment based on merits as per executive instructions and guidelines. (!) [2] The appellant contends that the married daughter is ineligible for compassionate appointment as her husband is employed. [3] The respondent asserts eligibility for compassionate appointment as the daughter of the deceased employee. [4] The Tribunal did not direct appointment but remanded for consideration as per policy, guidelines, and instructions, finding married daughters eligible. [5] The rejection order dated 08.01.2020 is non-speaking, merely stating ineligibility without reasons, rendering it violative of natural justice principles as it affects civil consequences. [6] The Tribunal rightly remitted the matter for fresh consideration per policy, guidelines, and instructions. [6] No legal or factual error exists in the Tribunal's order; the writ petition is dismissed. [7] Married daughters are eligible for compassionate appointment. [judgement_subject][judgement_act_referred] Non-speaking orders adversely affecting rights violate natural justice and must be set aside for lack of reasoning. [judgement_act_referred]

Union Of India, Through The General Manager vs Rinky Sharma, Daughter Of (Late) Shri Kamal Kishore Sharma

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Raj) 864

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
HON'BLE MR. JUSTICE AVNEESH JHINGAN, HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR, JJ
Union Of India, Through The General Manager – Appellant
Versus
Rinky Sharma, Daughter Of (Late) Shri Kamal Kishore Sharma – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Rahul Kamwar
For the Respondent: Mr. Abhishek Choudhary with Mr. Bharat Singh Bhati and Mr. Hemraj Bairwa

Judgement Key Points

The petition challenges the order dated 21.08.2024 passed by the Central Administrative Tribunal, Jaipur Bench. (!) (!) [1]
The deceased employee was a permanent employee of North Western Railway who died on 24.08.2019 while serving as Cipher-Operator; the respondent, his sole surviving family member and daughter, applied for compassionate appointment, which was rejected on 08.01.2020. (!) [2]
The Tribunal accepted the respondent's Original Application and remanded the matter for reconsideration of compassionate appointment based on merits as per executive instructions and guidelines. (!) [2]
The appellant contends that the married daughter is ineligible for compassionate appointment as her husband is employed. [3]
The respondent asserts eligibility for compassionate appointment as the daughter of the deceased employee. [4]
The Tribunal did not direct appointment but remanded for consideration as per policy, guidelines, and instructions, finding married daughters eligible. [5]
The rejection order dated 08.01.2020 is non-speaking, merely stating ineligibility without reasons, rendering it violative of natural justice principles as it affects civil consequences. [6]
The Tribunal rightly remitted the matter for fresh consideration per policy, guidelines, and instructions. [6]
No legal or factual error exists in the Tribunal's order; the writ petition is dismissed. [7]
Married daughters are eligible for compassionate appointment. [judgement_subject][judgement_act_referred]
Non-speaking orders adversely affecting rights violate natural justice and must be set aside for lack of reasoning. [judgement_act_referred]

Order :

AVNEESH JHINGAN, J.

1. This petition is filed seeking quashing of order dated 21.08.2024 passed by the Central Administrative Tribunal, Jaipur Bench, Jaipur (for short ‘the Tribunal’).

2. The brief facts are that father of the respondent (hereinafter referred to as ‘employee’) was permanent employee of North Western Railway. The employee expired on 24.08.2019 while serving as Cipher-Operator. The respondent was the sole surviving member of family of the employee and applied for a compassionate appointment. The request was rejected vide order dated 08.01.2020. The respondent served a legal notice dated 13.01.2022. The Original Application (O.A.) filed by the respondent was accepted. Relying upon the decision of the Full Bench of this Court in Civil Reference No.1/2022 : Smt. Heena Sheikh vs. State of Rajasthan dated 13.09.2022, the Tribunal remanded the matter back to consider the compassionate appointment of the respondent on the basis of the evaluation arrived on merits as per the parameters stipulated in the executive instructions and guidelines. Hence, the present petition.

3. Learned counsel for the petitioners submits that the respondent is the sole surviving member of fam

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2025 Supreme(Raj) 864

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPURHON'BLE MR. JUSTICE AVNEESH JHINGAN, HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR, JJUnion Of India, Through The General Manager – AppellantVersusRinky Sharma, Daughter Of (Late) Shri Kamal Kishore Sharma – Respondent

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
HON'BLE MR. JUSTICE AVNEESH JHINGAN, HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR, JJ
Union Of India, Through The General Manager – Appellant
Versus
Rinky Sharma, Daughter Of (Late) Shri Kamal Kishore Sharma – Respondent