ORDER

AS PER : AJAY PRATAP SINGH, MEMBER [JUDIC This OA at the instance of applicant seeking direction to respondents to set aside order dated 02.03.2015 whereby in view of order dated 24.01.1992 by CPO/ Eastern Railway second wife, has been held to be ineligible for appointment on compassionate grounds. So also applicant seeking direction to consider and issue of appointment order without any further delay as per his educational qualification along with all consequential benefits.

OA/050/00676/2019 CENTRAL ADMINISTRATIVE TRIBUNAL PATNA BENCH, PATNA O.A. No. 050/00676/2019 Reserved on : 03.05.2024 Pronounced on : 28.05.2024 C O R A M HON’BLE SHRI AJAY PRATAP SINGH, MEMBER [J]

Son of Late Chandra Shekhar Singh, resident of - Bihar, P.S. – Barauni, District – ………. Applicant.

Versus -

through the General Manager, East Central Digghi Kalan, P.S. – Hajipur, District – 844101 (Bihar).

The General Manager (Personnel), East Central Railway, Hajipur, Hajipur, District – Vaishali, At Hajipur, The Divisional Railway Manager, East Central Railway, Danapur 815101 (Bihar).

The Senior Divisional Personnel Officer, East Central Railway, a, PIN Code – 815101 (Bihar).

The Senior Divisional Engineer (Co-Ordination), East Central , PIN Code – 815101 (Bihar).

……… Respondents.

, Advocate.

Deepak Kumar , Addl. Standing Counsel O R D E R SINGH, MEMBER [JUDICIAL]

This OA at the instance of applicant seeking direction to respondents to set aside order dated 02.03.2015 whereby in view of order astern Railway, Calcutta, applicant, son of second wife, has been held to be ineligible for appointment on compassionate grounds. So also applicant seeking direction to consider and issue of appointment order without any further delay as per his educational along with all consequential benefits.

OA/050/00676/2019 Son of Late Chandra Shekhar Singh, resident of – Applicant.

through the General Manager, East Central – East Central Railway, Hajipur, Vaishali, At Hajipur, East Central Railway, Danapur East Central Railway, East Central Respondents.

This OA at the instance of applicant seeking direction to respondents to set aside order dated 02.03.2015 whereby in view of order applicant, son of second wife, has been held to be ineligible for appointment on compassionate grounds. So also applicant seeking direction to consider and issue of appointment order without any further delay as per his educational

2. from OA) as under:

3. by applicant (Junior Clerk) under Senior Section Engineer (Bridge), ECR, on 11.08.2009 Uga Devi, the first wife first wife, there was no issue. On consent of first wife, second marriage with Ranju Devi was solemnized. one daughter and two sons name (Applicant in OA) submitted application for appointment on compassionate ground. It is also the case of applicant that deceased employee has furnished information giving family details including name of second wife as well as children born from second marriage and Railway has accepted nomination relating to the members of the family. Applicant has further made averment that with consent of first wife of deceased employe application for compassionate appointment and respondents have illegally // 2 // PRAYER Applicant has claimed following main relief (as extracted from OA) as under:- <br/>

8.1 That your Lordships may graciously be pleased to declare the impugned action and order dated 02.03.2015 as contained in Annexure A/6 whereunder the son of the deceased employee has been deprived from appointment on compassionate ground being the son of the second wife as unjust, unsustainable and contrary to the Judgement & Order dated 28.02.2017 passed by Hon'ble Division Bench of Madras High Court in W.P. No. 36981 of 2015 [Union of India V/s Smt. M.Karumbayee) upheld by Hon'ble Supreme Court vide Order dated 18.09.2017 passed in Diary No(s). 27352 of 2017 and Full Bench of