ORDER

Per: Hina P. Shah, Member (J) Applicant has filed the present Original Application seeking compassionate appointment and for quashing and setting aside the impugned order dated 16.08.2018.

2. The facts as stated by the applicant are that the father of the applicant i.e. late Shri Nemichand died on 16.03.2016. At the time of the death, his father was working with the railway in the office of Additional Divisional Engineer, Sikar as Track Maintainer-II. As per letter of the respondents dated 23.03.2016 requesting for certain documents, the same were applied by the mother of the applicant. She has also filed an affidavit stating that she is a legally wedded wife of late Shri Nemichand and she is legally entitled for retiral benefits of late Shri Nemichand (Annexure-A/4). It is also stated that the respondents have sanctioned retiral benefits in favour of the wife of late Shri Nemichand i.e. mother of the applicant. A PPO is enclosed and annexed as Annexure-A/6 to that effect. The mother of the applicant also submitted a representation dated 19.07.2017 stating that her husband late Shri Nemichand was earlier solemnized marriage to Smt. Santosh Devi in his childhood and the said marriage was dissolved in 1991 as per customs. The respondents vide letter dated 20.02.2017 had asked Smt. Santosh Devi wife of Shri Surendra Singh in regard to divorce wherein the respondents had also asked Smt. Santosh Devi to submit an affidavit in this regard pertaining to the fact that she has no objection in case benefits are granted in favour of Smt. Bala Devi and her children (Annexure-A/9). Accordingly, the said affidavit was also submitted to the respondents. Despite the fact that Smt Santosh Devi, earlier wife of late Shri Nemichand has stated on oath that she has no objection for the amount/retiral benefits being given and compassionate appointment given to the applicant, son of late Shri Nemichand and Smt. Bala Devi but, on the contrary, the respondents vide their letter dated 05.05.2018 have stated that as per the Railway Board circular, marriage has not been dissolved as per Hindu Marriage Act, 1955, therefore, candidature of the applicant for compassionate appointment cannot be considered.

Therefore, aggrieved by the unjust and improper rejection of his rightful claim for compassionate appointment, applicant has approached this Tribunal for redressal of his grievances.

3. The respondents have filed reply stating that late Shri Nemichand, employee of railway had died on 16.03.2016 while he was in service. It is further stated that after the death of the ex-employee, mother of the applicant, Smt.

Bala Devi had made a request on 12.04.2016 for name noting for appointment on compassionate grounds to her son Manish Yogi i.e. the applicant. On the application of the mother of the applicant, proceedings were initiated according to the provisions for compassionate appointment.

After the enquiry, Personnel Inspector submitted his report.

In the said report, it was stated that employee, late Shri Nemichand has got married in the year 1990 with Smt.

Santosh Devi and after almost one year and six months, they had voluntarily separated. The said separation was signed by the community of the applicant. Thereafter, late Shri Nemichand remarried to Smt. Bala Devi in the year 1995. Subsequently, the mother of the applicant vide letter dated 09.06.2017 was replied as per rules provided by Railway Board from time to time and as per RBE No. 01/1992 dated 02.01.1992 and RBE No. 42/2018 dated 21.03.2018. It is seen that late Shri Nemichand has not taken divorce legally from his first wife, Smt. Santosh Devi.

Therefore, according to the policy of Railway Board, appointment on compassionate grounds cannot be given to the applicant (Annexure-R/2 & Annexure-R/3). It is also stated that as per letter dated 25.05.2018, it was informed to the mother of t