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CENTRAL ADMINISTRATIVE TRIBUNAL
VARUN SINDHU KUL KAUMUDI, AM
Rajana Lakshmi – Appellant
Versus
Union of India, Ministry of Railways – Respondent
Original Application No.020/00104/2023
For the Appellants/Petitioners: Sri B.Rajesh Kumar
For the Respondents: Sri A.Vijaya Bhaskar Babu, Addl.CGSC, Sri K.Manickaraj
Claims for compassionate appointment and terminal benefits are barred by delay and laches if not pursued within a reasonable time, emphasizing the importance of promptness in legal claims.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Claims for compassionate appointment and terminal benefits after considerable delay - The case relates to a dispute over the denial of death cum retirement gratuity of a deceased railway employee and the validity of a second marriage concerning compassionate appointments. The applicant contended the illegality of appointing benefits to the second wife of the deceased employee and claimed her rights as the legitimate daughter. (Paras 1, 2, 12, 20, 21)
(B) Delay and Laches - The court ruled that claims made many years after the death of the employee and appointments made under compassionate grounds were barred by delay and laches, following settled precedents that disallow stale claims. (Paras 20, 21)
Facts of the case:
The applicant sought benefits and compassionate appointment based on her claim of being the legitimate daughter of a deceased railway employee. She contended that the second wife had no valid claim since the first marriage had not been legally dissolved prior to the second. The respondents argued that the claims were stale, as they were made after a lapse of over 35 years, during which the applicant showed no objection to the benefits granted to the second wife. (Paras 2, 9, 20)
Findings of Court:
The court found that the claims made were time-barred and lacked merit considering the evidence of the first marriage's dissolution and the later benefits accorded to the second wife and her daughter. (Paras 20, 21)
Issues: The primary issues were whether the applicant had a right to claim death benefits and obtain compassionate appointment considering her marriage status and whether delay barred her claims. (Paras 20, 21)
Ratio Decidendi: The court emphasized that stale claims undermine the integrity of legal claims and the doctrine of delay and laches applies to ensure timely pursuit of legitimate rights. The unsuccessful nature of the claims was underscored in light of overwhelming delay. (Paras 20, 21)
Result: Original Application dismissed and costs imposed on the applicant. (Paras 20, 21)
| Table of Content |
|---|
| 1. case involves applicant seeking pension and appointment (Para 1 , 2) |
| 2. applicant alleges benefits denied due to legal marriage issues (Para 3 , 4 , 5) |
| 3. respondents argue legal entitlement based on marriage status (Para 6 , 9 , 10) |
| 4. discussion on compassionate appointments and eligibility criteria (Para 11 , 12 , 13) |
| 5. applicant's request objected as delayed and lacking grounds (Para 14 , 15 , 16 , 17) |
| 6. delays in approaching court affect applicant’s claims (Para 18 , 19) |
| 7. granting compassionate employment requires urgent financial need evaluation (Para 20 , 21) |
ORDER
PER: HON’BLE MR. VARUN SINDHU KUL KAUMUDI, ADMINISTRATIVE MEMBER
1. The present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act , 1985, seeking the following relief:
i. “To suspend the impugned reply Lr.No.B/P.Con.563/03/2000/II, dt.17.06.2021 in OA.No.210/2021 not complying the proper material evidence by the Respondents.
ii. Direct the Respondents to grant secondary family pension death cum retirement gratuity of her father and provident fund etc arrears of the applicant’s father.
iii. Direct the Respondents to initiate disciplinary action against 06th Respondent on illegal appointment after the death of her late mother Varalamma, since she was not born to the deceased employee.
iv. Direct the Respondents to appoint the applicant on compassionate grounds on the event of the death of her father Late Rajana Appanna of her and she is entitled for getting family pension and terminal benefits of her father Late Rajana Appanna in the event of documents available and declaration granted by deceased Railway Servant, the applicant can be treated in law as the daughter of Late Rajana Appanna had only one wife Late Rajana Simhachalam here in case to consider the perusal by this Hon’ble Tribunal.
v. And pass orders or order which is deemed fit and proper in circumstances of the case justice and equity.”
2. The case, as submitted by the applicant, is as follows, in a nutshell:
i. The applicant is the legally wedded wife of Sabbavarapu Appala Naidu, ex-employee of Railways, who went missing, while in service. The Respondents settled the dues in favour of the applicant.
ii. The applicant’s father, late Rajana Appanna @ Appalanaidu, had worked as ESM in the Signal and Telecom Department, at Rajahmundry, and he died, while in service. One Varalamma (mother of R4), the 2nd wife of Rajana Appanna, applied for death benefits of the deceased employee, Rajana Appanna, and the Respondents granted all the benefits to her, which is illegal, un-constitutional and in violation of their own rules, as, instead of getting an undertaking from the family members and obtaining family members certificate from the Mandal Tahsildar, the Respondents’ office also did not seek succession certificate, as per rules. As the 4th Respondent’s mother was not the legally married wife of the deceased employee, Rajana Appanna, the act of the official Respondents, as above, resulted in denial of the terminal benefits to the applicant.
iii. According to the applicant, administration fundamentally relied on the statement of the “second wife” of the railway employee, who could get Compassionate Ground Appointment and was inducted into the Indian Railways, as an employee, though the applicant herein, being the daughter of the deceased employee from the 1st wife, had all the rights and claims to seek terminal benefits on the death of her father.
iv. Late Rajana Appanna had only one daughter, namely, Smt.Sabbavarapu Varalakshmi @ Lakshmi, i.e., the applicant. She and her mother, Smt.R.Simhachalam, were the only agnate legal heirs of the deceased, and were declared as dependents and included in the family pass.
v. The applicant had married Sri Sabbavarapu Appalanaidu and was not a dependant on the deceased, as she was living separately with her husband, but, later, she became alone due to missing of her husband and she applied for her father’s death
