Adopted children are eligible for compassionate appointment under Railway guidelines, particularly when the applicant was a minor at the time of the parent's death, necessitating reassessment upon reaching majority.

ORDER

(Pronounced by Hon'ble Mr. Sisir Kumar Ratho, Member(A))

This OA has been filed by the applicant seeking the following relief:-

“to call for the records related to the impugned order. No.M/PB/CS/22/42/2016 dated 30.11.2016 and No.M/PB/CS/22/42/2016 dated 09-08-2023 made by the 2nd respondent and to quash the same and further to direct the respondents to appoint the applicant on compassionate ground in terms of the mandatory provisions in Master Circular 16 and other supplementary instructions issued by the Railway Board on appointment on compassionate grounds and to pass such other order/orders as this Hon'ble Tribunal may deem fit and proper and thus to render justice.”

2. The facts of the case as submitted by the Applicant, are as follows, in brief:-

2.1. The applicant submitted that he is the legally adopted son of late P. Santhappan, Ex Safaiwala who died in harness on 07-02-2014. The applicant had represented for the mandatory compassionate appointment while he was a minor along with all the requisite documents. The 2nd respondent vide impugned order No.M/PB/CS/22/42/2016 dated 30.11.2016 and No.M/PB/CS/22/42/2016 dated 09-08-2023 had rejected his claim for appointment on compassionate ground since he was paid with the settlement dues of Rs. 8,77,595/- and a family pension of Rs.15,202/- and there was no other dependent left by the deceased employee to be taken care which is contrary to the mandatory provisions made in this regard.

2.2. The applicant submitted that the Master Circular no. 16 which is a compendium on appointment on compassionate grounds issued under Railway Board's letter no. E (NG) II/90/RC-1/117 dated 12.12.1990 provides for compassionate ground appointments to the dependents of Railway servants who lose their lives in the course of duty or die in harness or are incapacitated/decategorised while in service. Hence, the impugned orders dated 30.11.2016 and 09.08.2023 denying the request for appointment on compassionate grounds to the applicant are inconsistent with the abovesaid Railway Board's letter.

2.3. Since the scheme for compassionate appointment stipulates one appointment in the case of death of an employee in harness, the impugned denial of the request for appointment on compassionate grounds on the pretext of gainful employment is contrary to the mandatory scheme made under Rule 123 of the Indian Railways Establishment Code.

2.4. It is submitted that the denial to consider the request of the applicant for compassionate appointment on the pretext that the applicant was not required to take care of any minor children is in gross violation of Article 21 of the Indian Constitution and the impugned act is impermissible in law since one has to be taken care of himself and any attempt to deny decent and dignified living.

2.5. The applicant submitted that the Railway Board has issued a circular RBE No. 21/2023 reiterating the provisions of Master circular No.16 and directing the 2nd respondent to guide the families of the employee who died in harness and explaining the welfare measures in regard to the compassionate appointment besides that if the ward is a minor necessary entry should be made in the register. However, in the instant case no such procedure was followed and the request was rejected without application of mind. Aggrieved, the applicant has filed this OA seeking the aforesaid relief. 3.1. The respondents have filed their reply opposing the relief prayed by the applicant. The respondents submitted that Shri. P. Santhappan, Ex- Safaiwala-I/NGO/MAS, who is the adopted fa