By the Court.—We have heard Shri Tarun Verma assisted by Shri Sharad Ranjan Nigam for the petitioners. Shri S.S. Sharma appears for the respondents.

2. The Union of India through General Manager, Northern Railway, New Delhi; Chief Administrative Officer (Construction), Northern Railway, Delhi have challenged the directions of the Central Administrative Tribunal, Allahabad dated 16th January, 2008 in Original Application No. 363 of 2003 to pay all the terminal benefits to the widow of late Shri Roshan Lal as may be admissible to her on the death of her husband in service and family pension w.e.f. 4.8.1998, within three months, failing which they shall also be liable to pay interest at the rate of 9%. The Tribunal has also directed the Chief Administrative Officer (Construction) Northern Railway, Delhi to consider the request of Shri Man Singh son of late Shri Roshan Lal for compassionate appointment, within the same period.

3. Late Roshan Lal was inducted as Casual Khalasi in Construction Unit of Allahabad Division of Northern Railway under the Deputy Chief Engineer (Construction) on 19.6.1969. He was brought on the scale rate and remained so upto 14.9.1976, when he was transferred to Bridge Construction unit under the Bridge Inspector on 15.9.1976 and participated in the screening test in April, 1977 in terms of Railway Boards letter dated 2.1.1977 for the purpose of forming construction reserve. He was declared successful vide letter dated 28.9.1978. His name could not be included as panel alongwith three or four more similarly situate persons on account of pendency of Court cases against them. After finalization of Court cases, they were treated as regular w.e.f. 1.1.1981. Since the other persons on the same panel dated 28.8.1978 were treated regular from different dates in 1977-1978, on the representations made by the union, the name of Shri Roshan Lal and four others were inserted at appropriate place in the panel vide letter dated 16.5.1979. The lien of late Roshan Lal was fixed on the post of Chowkidar in Allahabad Division vide letter dated 16.8.1984. He died on 4.8.1998, after which his widow Smt. Rajkali and his son Shri Man Singh made a claim for terminal benefits and compassionate appointment. They approached the Central Administrative Tribunal after they did not receive any response to their representations dated 15.1.1999, 7.8.1999, 8.5.2000 and 20.4.2002.

4. The respondents-petitioners in their reply filed in the Tribunal stated that after qualifying in the screening test Shri Roshan Lal was sent for medical examination. The doctor did not find him fit on which he abandoned the service after 17.12.2008, and his whereabouts was not known thereafter. The respondents alleged that the original application is barred by time and that the applicants are not entitled to get any relief.

5. The Tribunal found that Shri Roshan Lal and four others were assigned seniority in the panel of 244 casual labours in screening against 40% construction reserve. Shri Roshan Lal was placed at serial No. 88-A below Shri Ram Nath Singh and others. Shri Roshan Lal had left the job in December, 1981. His name did not have figure in all the papers produced before the Tribunal beginning from 1984-1997. The presumption of continuity of late Roshan Lal even after 17.12.1981 was re-confirmed by the documents produced before the Tribunal. The railways could not have refuted the evidence by saying that the record has been weeded out. The Tribunal did not believe the objections taken by the petitioners that Shri Roshan Lal had abandoned the service after 17.12.1981, and that the entire records in connection with his employment has been weeded out. The objection to the delay in filing the application was also rejected on the ground that late Roshan Lal died in 1998. The applicants started giving representations for payment of terminal benefits and compassionate appointment to which the respondents did not reply. The original application, therefo