Union of India vs Hadisha Khatoon, W/o Late Md. Usman

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Jhk) 659

SUJIT NARAYAN PRASAD, NAVNEET KUMAR
Union of India – Appellant
Versus
Hadisha Khatoon, W/o Late Md. Usman – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Anil Kumar, Mr. Ravi Prakash, C.G.C.
For the Respondents:Mr. Kripa Shankar Nanda, Advocate

JUDGMENT :

Sujit Narayan Prasad, J.

1. The instant writ petition is under Article 226 of the Constitution of India by which the order dated 16.10.2017 passed by the learned Central Administrative Tribunal, Patna Bench, Circuit Bench at Ranchi in OA/051/00150/2016 has been assailed by which while allowing the original application, following directions have been passed :-

(i) Release the death benefits to the two widows, as per their shares agreed upon, after realizing the Railway dues payable by the widows from their respective shares legally; and

(ii) To consider the daughter of the 2nd wife for compassionate appointment.

2. Brief facts of the case as per the pleadings made in the writ petition, which are required to be enumerated herein, read as under :-

It is the case of the petitioner that late Md. Usman Khan was an employee working as Sr.SE (Sig) Dhanbad and he expired on 25.07.2001 while in service. During his lifetime, he had contracted two marriages, first time with Respondent No.1 & second time with Respondent No.2 (now deceased). The second marriage was contracted by late Md. Usman without permission from the railway authorities in contravention of rule 21 of the Railway Servic