The central legal point established is that in cases of genuine missing persons, disciplinary action for unauthorized absence should be annulled, and consequent benefits should be granted to the missing person's family, as per relevant circulars and legal provisions.

JUDGMENT :

1. The instant writ petition has been filed questioning the judgment and order dated 22.10.2019 as also the order dated 31.7.2019 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad in Original Application No. 870 of 2011. A prayer to quash the order dated 3.6.2005 passed by the Divisional Electrical Engineer (DEE), Operation, Tundla, Allahabad Division and order dated 2.4.2011 passed by the Divisional Railway Manager, North Central Railway, Allahabad has also been prayed for.

2. Apart from above prayers, the petitioner has sought a direction to the respondent No. 2 for grant of post retiral benefits to the petitioner such as family pension, LIC, gratuity, leave encashment etc., as also compassionate appointment of her son in a Group D post.

3. By the order dated 31.7.2019, the Original Application No. 870 of 2011 was dismissed by the Tribunal being of the view that the relief sought by the applicant cannot be granted.

4. By the order dated 22.10.2019, the review application seeking review of the order dated 31.7.2019, dismissing the original application, was also dismissed.

5. It is the case of the petitioner that her husband Chandrama Ram working on the post of Assistant Electrical Driver at Railway Station, Tundla under the respondents-Department was found missing from the place of his duty on 18.2.2003 and has been untraceable since then. The petitioner filed a report dated 11.10.2005 in the Police Station Tundla reporting her husband to be missing, whereupon, an FIR was registered in the police station. Since, the petitioner was finding it difficult to sustain herself as also her four children who were entirely dependent upon the husband of the petitioner, she preferred an application dated 17.1.2006 before the competent authority to provide appointment on compassionate ground. The petitioner was informed by the competent authority of the respondents that her case for compassionate appointment as well as for grant of post retiral benefits would be considered after getting final police report. The police vide letter dated 10.4.2008 informed the petitioner that no information has been received about the whereabouts of the husband of the petitioner and that the investigations were going on.

6. Subsequently, the case of the petitioner was rejected vide impugned order dated 2.4.2011 on the ground that she is not entitled to compassionate appointment as services of her husband had already been terminated on 3.6.2005. The order dated 2.4.2011 proceeded on the assumption that the husband of the petitioner absented himself without notice and had remained unauthorizedly absent from his post since 18.3.2003. Ultimately, vide order dated 3.6.2005, the husband of the petitioner was removed from service. The original application was resisted by the respondent on the ground that the husband of the petitioner had been absconding since 18.3.2003 and on 3.6.2005 his services were dispensed with on account of being unauthorizedly absent. It was also stated that the husband of the petitioner was served notice dated 18.5.2004 requiring him to join his duty and charge-sheet was served on 22.5.2004 which was never replied.

7. The Tribunal proceeded to dismiss the original application on the ground that the order dated 3.6.2005 for dismissal from service of Chandrama Ram had not been challenged and so long as the order of dismissal from service was existing, no relief for compassionate appointment could be granted. The Tribunal proceeded on the presumption that the respondents could not be directed to do something which is an impossibility. The Tribunal, accordingly, dismissed the original application by order dated 31.7.2019.

8. A review application under Rule 17 of the Central Administrative Tribunal (Procedure) Rules, 1987 was filed seeking review of the order dated 31.7.2019 passed in Original Application No. 870