Compassionate appointment claims must be genuine; fraudulent submissions disqualify applicants and confirm authority's rejection.

ORDER

In accordance with the order of the Hon’ble Chairman, CAT, 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. M.A. No. 629 of 2021 has been filed by the applicants under Rule 4(5)(a) of CAT (Procedure) Rules, 1987, for joint prosecution of the O.A.

Since the applicants share a common interest and common cause of action, they are allowed to jointly prosecute this O.A., subject to payment of individual court fees.

The M.A. is disposed of accordingly.

3. The applicants have filed this Original Application, seeking the following relief(s):

“a) Leave may be granted to the applicants to file this application jointly under Rule 4(5)(a) of the Central Administrative Tribunal (Procedure) Rules, 1987;

b) To quash and/or set aside the impugned office order dated 31.05.2019 issued by the Divisional Railway Manager (P), South Eastern Railway, Kharagpur Division whereby and whereunder the case of the applicant No. 2 has been rejected who is the daughter of the applicant No. 1 on the ground of fake school transfer certificate of her brother namely Raj Kumar Sharma being Annexure A-15 of this original application.

c) To quash and/or set aside the impugned office letter dated 28.03.2018 issued by the Chief Personnel Officer, South Eastern Railway, Garden Reach, Kolkata-43 whereby it has been stated that the case filed by the applicant No. 1 has been put up and without issuing any speaking order it has been closed being Annexure A-12 of this original application.

d) To quash and/or set aside the impugned office order dated 07.11.2017 issued by the Senior Divisional Personnel Officer, South Eastern Railway, Kharagpur Division whereby they have rejected the claim of the applicant No. 2 for granting compassionate appointment on the ground of fake school transfer certificate of her brother being Annexure A-11 of this original application.

e) To quash and/or set aside the impugned office order dated 03.08.2012 issued by the Senior Personnel Officer, South Eastern Railway, Kharagpur Division whereby and whereunder they have communicated to the applicant that compassionate appointment in favour of the applicant No. 2 Miss., Sarita Kumar Sharma cannot be considered as her brother's case was rejected as her brother's case was rejection on production of fake school transfer certificate being Annexure A-7 of this original application.

f) To quash and/or set aside the impugned rejection order dated 06.01.2009 whereby the claim of the applicant No. 1 for appointment on compassionate ground in respect of the applicant No. 2 has been rejected on the ground of fake school certificate of her brother the son of the applicant No. 1 which cannot be permissible in the eye of law being Annexure A-6 of this original application.

g) To quash and/or set aside the impugned rejection order dated 02.05.2008 issued by the Assistant Personnel Officer, South Eastern Railway, Kharagpur Division regarding grant of compassionate appointment in favour of the son of the applicant No. 1 on ground of school certificate being Annexure A-4 of this original application.

h) To declare that on the ground of fake school certificate of the son of the applicant No. 1, the case of the applicant No. 2 who is a daughter of the applicant No. 1 cannot be rejected and the case of the applicant No. 2 has to be considered for compassionate appointment because her school certificates are genuine and the railway respondents did not say anywhere that the school certificate of the present applicant No. 2 is a fake one by the imp