ORDER

Per Hon’ble Mrs. Jasmine Ahmed, Member (J):-

The present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 for seeking following relief(s):-

“(i) By an appropriate writ order or direction impugned orders dated 30.10.2009 at Annexure-A/1, impugned order dated 21.02.2013 at Annexure-

A/2 and impugned order dated 16.11.2017 at Annexure-A/3 be declared illegal and be quashed and set aside as if they were never issued against applicant.

(ii) By on order or direction respondents may be directed to consider the case of applicant for compassionate appointment and give him appointment any class III or class IV post with all consequential benefits.

(iii) Any other relief which is found just and proper be passed in favour of the applicant in the interest of justice.”

2. The brief facts of the case, as submitted by the learned counsel for the applicant, are that the applicant’s father Shri Kishan Lal while working on the post of Gateman under PWI Makrana, died on 06.03.1992. The respondents vide letter dated 17.07.1992 (Annexure-

A/5) informed to applicant’s mother and Smt. Birdi Devi & her son Sita Ram for obtaining succession certificate for release of terminal benefits of late Shri Kishan Lal. In pursuance of that, the applicant’s mother moved an application for compassionate appointment vide her application dated 20.12.1994. In regard to that the respondents vide letter dated 29.12.1994 (Annexure-A/6) asked applicant’s mother that whether she wants appointment for herself or wants in favour of her minor son (applicant), to which she gave her consent for appointment of her son after attaining the age of majority. The Railway welfare Inspector approached the applicant’s mother in the year 1995 and verified the family Ration Card and Medical Identity Cards etc. and assured her that after attaining the age of majority, her son i.e. applicant herein will be considered for appointment on compassionate grounds.

The mother of the applicant, thereafter, moved an application through proper channel dated 08.02.2000, after attaining the age of majority by the applicant and by the time he also acquired the qualification of Senior Secondary for appointment on compassionate grounds. When no reply was received, she moved another application dated 13.02.2001 mentioning therein that Late Shri Kishan Lal divorced his earlier wife, and thereafter, according to their society customs, he married to her and three children (two sons and one daughter) are born from the said wedlock. The respondents vide impugned order dated 13.10.2009 denied the compassionate appointment on the ground of limitation and also the second wife and her children are not entitled for compassionate appointment.

The District Court Jaipur vide order dated 30.07.2011 issued succession certificate in favour of the applicant, her mother and other affected persons by considering the earlier succession certificate issued on dated 27.03.2001 in favour of Sita Ram (who is the son of Smt.

Birdi Devi) declaring that Smt. Prem Devi and her children are entitled to receive half of the amount of family pension and other terminal benefits from the department and further the applicant herein is declared successor of late Shri Kishan Lal to claim compassionate appointment. Thereafter, after obtaining the succession certificate dated 30.07.2011, applicant’s mother moved an application before respondents in the month of September, 2011 to grant her family pension and other terminal benefits and also consider the case of her son for appointment on compassionate grounds. The respondents vide impugned order dated 21.02.2013 (Annexure-A/2) rejected the case of the applicant for appointment on compassionate grounds without assigning any reason by a non speaking order and also without considering the succession certificate and other circulars of Railway Board. Th