O R D E R

This matter pertains to grant of compassionate appointment. In accordance with the order of the Hon’ble Chairman, Central Administrative Tribunal, Principal Bench, dated 10.09.2021 issued under Sub -Section (6) of Section 5 of the Administrative Tribunals Act, 1985, this matter can be taken up by a Bench consisting of a single Member. Accordingly, this matter is taken up for disposal by this Single Bench.

2. In this O.A., the applicant has sought the following reliefs :-

“A) To file and prosecute the applicants to file this application jointly under rule 4(5)(a)

of the C.A.T. (P) Rules, 1987 since both of them have prayed for the same relief;

B) Do issue mandate upon the respondents, their men and agents, and each of them to forthwith rescind, recall and/or withdraw the purported order dt. 6.9.2021 being Annexure-A4 hereto and that of dt.13.3.2023 being Annexure –A6 and not to give any or further effect or effects to those two letters in any manner whatsoever;

C) Do issue mandate upon the respondents, their men and agents and each of them to forthwith offer an employment assistance to the applicant no.2 in any group-‘D’ post commensurate to his educational qualification;

D) Do issue mandate upon the respondents, their men and agents and each of them to forthwith certify and transmit all the papers and documents in connection with the instant lis before this ld. Tribunal for kind perusal and on such for kind perusal of the same do conscionable justice to the applicants;

E) Grant cost of this proceeding in favour of the applicants;

F) Pass such other or further order or orders, mandate or mandates, direction or directions as may appear to be fit and proper.”

3. The facts of the case in brief are as follows:-

Smt. Chaya Rani Bhattacharjee (Applicant No.1), ex HA/Aya in the Divisional Railway Hospital at Alipurduar Junction, Northeast Frontier Railway was declared “medically decategorised” on 03.05.2018 and was granted voluntary retirement from service w.e.f. 31.07.2018. Thereafter, she had submitted an application in the prescribed format for appointment on compassionate ground of her son, Shri Nirmal Bhattacharjee (Applicant No.2). The respondents did not consider her prayer and rejected her application for compassionate appointment in favour of her son vide letter dated 06.09.2021. Thereafter, the Applicant No.1 had submitted representation to the Divisional Railway Manager(P), North Frontier Railway, Alipurduar Junction seeking reconsideration of her case. However, the said representation was also rejected vide letter dated 13.03.2023. Aggrieved by such rejection, the applicants have approached this Tribunal by filing this O.A.

4. Heard Learned Counsel for both sides and perused the materials on record.

5. At hearing, Learned Counsel for the applicants has submitted that following “medical decategorisation” the Applicant No.1 had taken voluntary retirement and prayed for appointment of her elder son on compassionate ground. Learned Counsel for the applicants has further submitted that such prayer is covered under the extant rules but that the respondents rejected her prayer by passing a cryptic and arbitrary order.

6. Learned Counsel for the respondents has refuted the claim of the applicant and submitted that the Applicant No.1 had made a prayer for compassionate appointment in favour of her son on 03.11.2020 i.e. after a lapse of 2 years 6 months and 13 days after her voluntary retirement from service. He further submitted that in terms of Para 10 of the Standard Uniform Policy for compassionate appointment on medical decategorisation, an employee who is medically decategorised has to apply for compassionate appointment for her/his ward within one month of being declared medically decategorised. He drew attention to the Standard Uniform Policy for Recruitment on Compassionate Ground in N.F. Railway which has been annexed to their reply as Annexure R/2. Learned Counsel for the respondents also submitted that since there was som