ORDER

(Pronounced by Hon'ble Ms. Lata Baswaraj Patne, Member(J)) By the OA No. 1036/2017, the applicant is seeking the following relief :

“To call for the records related to order No. PB /CON?128/844529 dated 03.10.2016 made by the respondent and to quash the same and further to direct the respondent to appoint the applicant complying with the request for compassionate ground appointment by the applicant in terms of the mandatory provisions and to pass such other order/orders as this Hon'ble Tribunal may deem fit and proper and thus to render justice.”

2.The brief facts of the case in nutshell are as under :- The applicant who is the son of late R. Matchavel who was working as an Assistant Sub-Inspector/Protection Force under the Assistant Security Commandant in the office of the respondent viz., Integral Coach Factory in Chennai. The applicant's deceased father joined railway service in the year 1974 who was declared medically unfit in all classes vide medical certificate dt.

08.04.2011 and permitted to go on voluntary retirement and his services have been ceased with the railway administration w.e.f. 06.07.2011 subsequent to his application for voluntary retirement dt. 21.06.2011. The applicant's late father had made a request dt. 14.11.2011 for compassionate appointment in favour of the applicant and subsequently the applicant also submitted requests for compassionate appointment after the death of his father who expired on 20.11.2011. Since that had not been considered, he approached this Tribunal in OA 890/2016. After the direction of this Tribunal dt. 17.06.2016, the respondents have considered the case of the applicant and rejected the same by order dt. 03.10.2016 on the ground that the applicant was about 31 years old at the time of medical unfitness of the deceased employee and got married and was living separately. It is stated that a person who is aged 31 years and got his own family can no longer be considered as dependent. Being aggrieved, the applicant has challenged the said order in this present OA seeking the abovementioned relief.

3. The OA 1197/2018 has been filed by the 2 nd wife of the deceased employee ie., father of the applicant in OA No. 1036/2017 seeking the following relief :-

“To call for the records with respect to the Order No. PB/CON/128/844529 dated 02.01.2018 passed by the 2nd respondent and to quash the same and consequently direct the respondents to give appointment to the applicant in any of the vacant post in terms of the mandatory provisions of the Railway Services and to pass such further or other order or orders as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case and thus render justice.”

4. In this OA, the 2 nd wife as a legally wedded wife is requesting compassionate appointment on the ground that she is in receipt of only family pension. So far she has not received any retiral benefits since a dispute is going on in between the son and daughter of the 1 st wife against the 2 nd wife viz., M.

Vasanthi. In response to her request, the respondent department has communicated their letter dt. 02.01.2018 stating that her claim for appointment on compassionate grounds would be examined only after the disposal of the OA No. 1036/2017 filed by Shri. M. Rajeshwaran who is the son of the deceased employee born from the 1st wife pending before the Central Administrative Tribunal, Madras Bench.

5.Notices were issued in both the OAs.

6.The respondents have entered their appearance through their counsel and filed reply. As concerned to OA No. 1036/2017, the respondents contend that a person who is aged 31 years and got his own family can no longer be considered as dependent of the employee. Moreover, no mitigating circumstances have been brought out by the applicant Shri. M. Rajeswaran for compassionate appointment.

7.As far as concerned to OA No. 1197/2018, the respondents have maintained th