CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA No. O.A. 350/01651/2022 Heard on 23.04.2025 Date of order: 20.05.2025 Present : Hon’ble Mr. Anindo Majumdar, Administrative Member

1. Fulmani Mandi, wife of Lalu Mandi, aged about 55 Yrs., Houswife, residing at 14. No Santal Para, P.O. Kalyani, Nadia-741235.

2. Lalu Mandi, Son of Late Kashrai Mandi, aged about 61 Yrs., worked as Tech II (FCO)/P/Sr. SSE(G)/BDC, residing at 14 No. Santal Para, P.O.-Kalyani, Nadia-741235 (W.B.)

3. Bhagbat Mandi, Son of Lalu Mandi, aged about 35 Yrs., residing at 14 No. Santal Para, P.O. Kalyani, Nadia-741235 (W.B.)

…….. Applicants.

- V E R S U S –

1. Union of India, service through the General Manager, Eastern Railway, Kolkata Fairlie Place, Kolkata 700001.

2. Senior Divisional Personnel Officer, South Eastern Railway, Howrah, Post Office and Police Station- Howrah, Howrah-

711101 ……. Respondents.

For the Applicant : Mr. A. Chakraborty, Counsel Mr. Argha Chakraborty, Counsel Ms. P. Mondal, Counsel For the Respondents : Mr. B.K. Banernee, Counsel Mr. S. Banerjee, Counsel O R D E R 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. The applicant has filed this Original Application, seeking the following relief(s):

“i) An Order do issue directing the respondents to consider the case of the applicant No. 2 for grant of an appointment on compassionate ground.

ii) Office Order dated 20.06.22 issued by Sr. Divisional Personnel Officer, Eastern Railway, can not be sustained in the eye of law and same may be quashed.

iii) An Order do issue directing the respondents to pay the salaries for the period the father of the applicant could not attend duties due to medical incapacitation.

iv) Leave may be granted to add the another applicant jointly in the Original application under Rule 4(5)(a) of the CAT Procedure rule.”

3. Smt. Fulmani Mandi (Applicant No. 1) is the wife of late Lalu Mandi (Applicant No.2), a retired employee of Eastern Railway. Applicant No. 3, Shri Bhagbat Mandi, is the son of Lalu Mandi. Shri Lalu Mandi , Ex Tech-I (FCO), Eastern Railway, was declared to be medically decategorised w.e.f 17.12.2018. The Divisional Medical Committee recommended Sri Lalu Mandi to be fit in B-2 medical category. Shri Lalu Mandi was thereafter rehabilitated in an alternative post of Switch Board Attendant (SBA)- I in the same scale of pay vide order dated 17.12.2018. He retired from the said post on 31.10.2020 upon attaining the age of superannuation. Smt. Fulmani Mandi, wife of Sri Lalu Mandi submitted a representation dated 18.10.2021 to the competent authority seeking appointment on compassionate ground for her son, Shri Bhagbat Mandi. However, her prayer in this regard was rejected by the Senior Divisional Personnel Officer, Eastern Railway Howrah, vide order dated 20^th June, 2022 (Annexure A/5.). Aggrieved by the rejection of her prayer, the applicant has filed this Original Application seeking the above mentioned relief(s).

4. Heard the Learned Counsel for both the sides and considered the material on record.

5. At hearing, the submissions made by the Ld. Counsel for the applicants are summarised below.

a) Sri Lalu Mandi (Applicant No.2) was an employee of Eastern Railway at Bandel and while in service, he suffered a brain stroke on 7.11.2017 and became paralysed. A Medical Board, constituted by the Railway authority found him to be unfit for performing duty in the post held by him and declared him to be medically decategorised for the said post. He was however declared fit to perform duty in posts in B-2 category and was posted in an alternative post as Technician Grade 1.

b) Sri Lalu Mandi thereafter became seriously ill and was referred by the B.R Singh Hospital to Bangur Institute of Neuro Science,