(Reserved on 23.05.2025)

Central Administrative Tribunal Allahabad Bench, Allahabad ****

Original Application No.457 of 2023 This the 30^th Day of June, 2025.

Hon’ble Mr. Rajnish Kumar Rai, Member (J)

Smt. Pooja Rajpoot, Aged about 27 Years, W/o Late Anoop Singh, Ex Fitter, N.C. Railway/under SSE/Electrical/East, Jhansi Rio C/o Ajab Singh, Village & Post Garia Gaon, District Jhansi ….Applicant By Advocate: Mr. Arun Kumar Gupta Versus

1. Union of India through the General Manager, North Central Railway, Headquarter Office, Subedarganj, Prayagraj.

2. Divisional Railway Manager, North Central Railway, Jhansi.

3. Km. Sadhana Rajpoot D/o Late Haripat Singh, R/o Karaiyanpura Chirgaon, Tehsil Moth, District Jhansi.

…Respondents By Advocate: Mrs. Seema Srivastava

ORDER

Mr. Arun Kumar Gupta, learned counsel for the applicant and Smt.

Seema Srivastava, learned counsel for the respondents are present and heard.

2. The present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, challenging the order dated 23.05.2023, whereby the applicant’s request for compassionate appointment was rejected by the respondents. The applicant seeks the following relief(s):-

“8.1 This Hon'ble Tribunal may be pleased to quash the impugned impugned order dated 23.05.2023 (Annexure no. A-1) passed by Respondent No.2.

8.2 This Hon'ble Tribunal may be pleased to issue a suitable direction to the Respondents to provide appointment on compassionate ground to the Applicant in any suitable post.

8.3 This Hon'ble Tribunal may be pleased to issue any other suitable order in favor of the as deemed fit in the facts and circumstances of the case.

8.4 This Hon'ble Tribunal may be pleased to award costs of the O.A. in favoure of the applicant”

3. The brief facts of the case are that the husband of the applicant, late Anoop Singh Rajpoot, was appointed on 21.09.2011 on compassionate grounds following the sad demise of his father, late Haripat Singh, on 20.11.2010. The appointment process was initiated after the widow of late Haripat Singh Rajpoot, Smt. Pushpa Devi, made a request for compassionate appointment in favor of her son, Shri Anoop Singh Rajpoot. Subsequently, Anoop Singh Rajpoot was appointed as an apprentice (Trainee Technician III) vide letter dated 20.09.2011, and sent for initial mandatory training period of three years. Unfortunately, the late Anoop Singh, the husband of the applicant, was murdered on 18.10.2014. Subsequently, the applicant made representations on 09.09.2015 and 14.09.2015, along with the requisite documents, seeking compassionate appointment. The respondent authority rejected the applicant’s request vide order dated 17.06.2016. This rejection was challenged before the Tribunal by way of O.A. No. 1142 of 2016 (Smt. Pooja Rajpoot vs. Union of India). After exchange of pleadings and hearing, the Tribunal allowed the O.A. vide judgment and order dated 22.03.2023. The learned counsel for the applicant submitted that the applicant’s husband, late Anoop Singh was appointed on compassionate grounds against a regular Group C post as Apprentice Fitter Grade III, and he had completed his mandatory three years of training. However, the applicant’s husband was murdered on 18.10.2014. In support of his contention, he has relied upon annexures A-6 and A-7 wherein the respondents, in their own communication, have observed that the training of the deceased Anoop Singh Rajput, was completed on 20.09.2014, however, due to administrative laches, the trade test was not conducted. On the said ground, the respondent authority held that since the applicant’s husband was a trainee apprentice, as per the extant RBE/rules, he could not be considered a regular employee and therefore, the request for compassionate appointment in favor of the applicant, could not be granted, as the same is permissible only in the case of a predeceased regular employee. Further, it was contended that the RBE relied upon by the respondents in thei