OPEN COURT CENTRAL ADMINISTRATIVE TRIBUNAL, ALLAHABAD BENCH ALLAHABAD This is the 3^rd day of May, 2024.

ORIGINAL APPLICATION NO. 330/00835/2023 HON’BLE MR JUSTICE OM PRAKASH -VII, MEMBER (J)

Smt. Geeta @ Geeta Kumari Yadav, aged about 29 years old, D/o Late Dasharath, wife of Shri Ram Murat Yadav, Resident of Phulwariya Cantt., Saraiya, District Varanasi, presently residing at Mavai Khurd Part-1, Ward No. 11, Pandit Deen Dayal Upadhyaya Nagar, District Chandauli, Uttar Pradesh.

……….Applicant VERSUS

1. Union of India through General Manager, Eastern Railway, Kolkata.

2. The Competent Authority/Chief Workshop Manager, Eastern Railway, Carriage and Wagon Workshop, Liluah, District Howrah, West Bengal.

3. The Workshop Personnel Officer, Eastern Railway, Liluah, District Howrah, West Bengal.

……………..Respondents Advocate for the Applicant: Shri Pradeep Kumar Tripathi/Shri Rahul Tiwari Advocate for the Respondents Shri Bablu Singh O R D E R The present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 for the following reliefs:-

“(i) To pass the order and summon the record and quash the impugned order passed by the Competent Authority/Chief Workshop Manager, Eastern Railway, Carriage and Wagon Workshop, Liluah, communicated on 22.08.2023 by Workshop Personnel Officer, Eastern Railway, Liluah District Howrah, West Bengal.

(ii) To issue a direction to the respondents through respondent No. 2 the Competent Authority/Chief Workshop Manager, Eastern Railway, Carriage and Wagon Workshop, Liluah, District Howrah, West Bengal to appoint the applicant on the reserved post for compassionate appointment.

(iii) To issue such other and further order or direction which this Hon’ble Tribunal may deem fit and proper in the nature and circumstances of the present case.

(iv) Award the costs of the petition in favour of the applicant”.

2. Brief facts of the case are that the father of the applicant died, while in service under the respondents' department on 20.05.2018. A letter dated 20.11.2018 was issued to the mother of the applicant with regard to submission of documents in connection with release of settlement dues of deceased employee. In response to aforesaid letter, the mother of applicant submitted required documents to the respondents and settlement dues was released in favour of the mother of applicant. After the death of her father, the applicant is residing with her mother and taking care of her ailing mother, thus, the applicant is fully dependent upon the pension of her mother. The mother of the applicant is receiving nominal family pension. Applicant’s husband is unemployed person and also not having any agricultural property or business. Mother of the applicant preferred an application dated 26.05.2022 along with relevant documents of the applicant for applicant's appointment on compassionate ground. In utter surprise, a letter dated 22.08.2023 was received by the mother of the applicant whereby prayer for compassionate appointment has been rejected on the ground that the married daughter is not entitled for compassionate appointment. Aggrieved against the aforesaid order dated 22.08.2023, applicant preferred this OA.

3. I have heard Shri Pradeep Kumar Tripathi, learned counsel for the applicant and Shri Bablu Singh, learned counsel for the respondents and perused the record.

4. Submission of learned counsel for the applicant is that applicant’s father late Dasharath was working under the respondents’ department. He expired on 20.05.2018 while in service. To substantiate this fact, learned counsel for the applicant referred to death certificate issued on 14.06.2018 and further argued that prayer was made by the mother of applicant to give compassionate appointment to the applicant. A letter was issued on dated 20.11.2018 by the respondents to the mother of the applicant for submission of document. In response to the said letter, necessary documents were produced before the competent authori