CENTRAL ADMINISTRATIVE TRIBUNAL BANGALORE BENCH, BENGALURU ORIGINAL APPLICATION NO.170/00592/2023 DATED THIS THE 7^TH DAY OF OCTOBER, 2025 HON’BLE MRS. JUSTICE S. SUJATHA ...MEMBER(J) HON’BLE DR.SANJIV KUMAR ...MEMBER(A)

Smt.Venkatamma, W/o late A.Venkatesh, No.3-61, Kothappalli, Gudupalle Mandal, Kuppam Tk, Chitoor District (A.P)-517425. ....Applicant (By Advocate, Shri K.L.Prabhakar Rao)

Vs.

1. The Union of India represented by The General Manager, South Western Railway, Gadag Road, Hubli -580020.

2. The Senior Divisional Personnel Officer, Bangalore Division, Southern Railway, Bangalore-560009. ...Respondent (By Advocate, Shri N.Amaresh)

S SARALADEVI CAT BANGALORE

2025.10.13 ORDER (ORAL)

Per: Justice S.Sujatha ...........Member(J)

The applicant has filed this original application under Section

19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

“For the reasons mentioned in paras 4&5, it is humbly prayed before this Hon’ble Tribunal that this Hon’ble Tribunal may be pleased to call for the records related to Service particulars of late A.Venkatesh and further to direct the respondents to pay the ex-gratia lumpsum compensation and interest for the period of delay caused in arranging payment and to make further order/orders as this Hon’ble Tribunal may deem fit and proper and thus render justice.”

2. The facts in brief as narrated by the applicant are that she is the widow of late Shri A.Venkatesh, who worked as Track Man in the office of the Senior Section Engineer/Permanent Way at Maddur in Bangalore Division in South Western Railway. He while discharging his duties on 03.01.2021, met with an accident and S SARALADEVI CAT BANGALORE

2025.10.13 severely injured. Immediately, he was taken to the Maddur Medical Centre for treatment, but unfortunately he died. Accordingly, funeral advance was released to the applicant and consequently extended with the mandatory enhanced family pension and other settlement dues, withholding the mandatory benefits with reference to Employee’s Compensation Act, 1923 and Railway Services (Extra-Ordinary) Pension Rules, 1993. The representation submitted by the applicant seeking for Ex-gratia lumpsum compensation has not been responded. On the information sought under the RTI about the action taken on her request for WCA/Extra- ordinary pension benefits, letter dated 01.04.2022 was issued stating that the requested information is not covered under RTI Act. However, her grievance was under examination. Being aggrieved, the applicant has preferred this OA.

3. Learned Counsel Shri K.L.Prabhakar Rao representing the applicant submitted that the applicant’s husband died while performing his duties on 03.01.2021 and thus fulfilled the primary condition stipulated in Para-1 of the Annexure to the Office S SARALADEVI CAT BANGALORE

2025.10.13 Memorandum dated 11.09.1998 issued by the Department of Pension and Pensioners Welfare, Government of India. The act of the respondents in ignoring the statutory instructions made in connection with the grant of Ex-gratia Compensation, Extra-Ordinary Pension benefits in terms of Railway Services (Extra-Ordinary) Pension Rules, 1993/Employees Compensation Act, 1923, is contrary to the well settled legal principles and hence not maintainable in law.

4. Learned Counsel Shri N.Amaresh representing the respondents submitted that subsequent to the demise of the applicant’s husband on 03.01.2021, pensionary benefits were arranged to the applicant and an appointment on compassionate grounds was given to Mr.Keethi Giri, son of the deceased employee, Shri A.Venkatesh. A detailed report was called for from the concerned Division, in response SSE/P.WAY/MYA (Incharge) presently working as SSE/P.WAY/TK reported vide letter dated 16.04.2024, submitting that Shri A.Venkatesh expired on 03.01.2021 when he was not on duty, hence no messages/formalities done for WCA, which is not applicable to his death. It has been specifically S SARALADEVI CAT BANGALORE

2025.10.13 stated that the