Central Administrative Tribunal Mumbai Bench, Mumbai Original Application No. 471/2023 Order reserved on: 08.12.2025 Order pronounced on: 08.01.2026 Coram :

Hon’ble Mr. Umesh Gajankush, Member (J)

Smt. Ushadevi Gulabchand Kori Aged: 43 years, Occ : Housewife, Residing at Pramukh Green Society Barlkrishna Apartment, B-Wing, 402 Mogra Wadi, Valsad East 390602 Email ID – Gautam1205@yahoo.co.in Mobile No. 8108865806 …..Applicant (By Adv: Shri Gautam Pyarelal)

Versus

1. Union of India Through :

Ministry of Railways Railway Board, 476 K, Rail Bhavan, Raisina Road, New Delhi 110 001.

2. Western Railway DCO : BCT, DRM’s office, Mumbai Central, Mumbai 400 008.

.... Respondents

D D i a g t i e ta : l 2 y 0 s 2 i 6 g . n 0 e 1 d .2 b 1 y 1 V 5 I : J 4 A 5 Y :2 2 K + U 0 M 5' A 3 R 0' VERMA (By Adv: Shri P. Khosla)

ORDER

Per : Umesh Gajankush, Member (J)

The present original application has been filed by the applicant challenging the impugned communication dated 13.05.2019 and seeking a direction to the respondents to appoint the applicant on compassionate ground and her application may be considered on merit.

2. The brief facts of the case are that the applicant married to one Gulabchand S. Kori on 08.07.2000, at Khas Bardaran, Pratapgarh, U.P. It is submitted that the applicant was the second wife of Gulabchand0 who had already four children i.e. two sons and two daughters from his previous wife Ms. Ushaben. Sons Kamalchand and Amanchand and daughters Deepti and Kajal are from first marriage. After the marriage of the applicant, son Akash was born on 01.02.2002, who is studying. It is submitted during his lifetime, Gulabchand was employed with Western Railway in the post of SIG Maintainer III and he expired on 27.04.2017. It stated that the applicant has been receiving

monthly pension of Rs. 15300/- + DA till date as is evident

from PPO. It is submitted that the relations between the

applicant and Kamalchand who is the son of her husband from his previous marriage were not cordial and said Kamalchand without knowledge and consent of the applicant, had made an application to respondent No. 2 and sought his appointment on compassionate grounds. It appears that Kamalchand has submitted fake documents with the office of respondent No. 2 and therefore, his request for compassionate appointment was rejected.

2.1. It is submitted that vide letters dated 23.07.2018 and 20.12.2018, the applicant has submitted request to the competent authority to either appoint her or Kamalchand, who was also son of her deceased husband from her first wife on compassionate grounds which was rejected vide the impugned communication dated 13.03.2019. It is submitted that merely because Kamalchand has produced some fake documents, the claim of the applicant cannot be denied and the claim of the applicant is required to be considered independently. Therefore, the present Original Application has been submitted.

3. After notice, the official respondents have filed reply

and contested the Original Application. It is stated that

present Original Application has been filed after a long dealy and is barred by limitation and therefore, the same is liable to be dismissed only on this ground.

3.1. It is further submitted that Kamalchand who is son of first wife has submitted fake documents and therefore, his claim was rejected. It is submitted that the application was made by Kamalchand with the consent of the applicant. The official respondents have placed on record the application of the applicant dated 20.07.2017. It is also submitted that as per the directions of HQ letter dated 12.02.2013 and 12.12.2013, if fake documents are submitted for one ward, the case is not to be considered for any other ward and widow also as per circular annexure-R/2. It is further submitted that in terms of Railway Board’s letter No. (NG)II/2016/RC-1/CR/12(Pt) dated 30.12.2019, compassionate appointment after demise of the railway employee can be considered for granting to only one dependent member on merits