(Oral Order)

Central Administrative Tribunal, Allahabad Bench Allahabad ****

Original Application No.122/2023 This the 16th Day of January, 2026 Hon’ble Mr. Justice Rajiv Joshi, Member (Judicial)

Anita alias Meenu Verma, aged about 34 years D/o Late Awadhesh Kumar, Resident of House No.1/40 Behind Telephone Exchange Shiv Katra, Post Harjender Nagar, District Kanpur Nagar.

………..Applicant By Adv: Shri Vinod Kumar Versus

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

2. Divisional Railway Manager (P) North Central Railway, Nawab Yusuf Road, Allahabad/Prayagraj.

3. Senior Divisional Finance Manager, North Central Railway, Allahabad/Prayagraj.

……….. Respondents By Advocate: Shri Ajay Kumar Rai

O R D E R

By Justice Rajiv Joshi, Member (Judicial)

Heard Shri Vinod Kumar, learned counsel for the applicant and Shri Ajay Kumar Rai, learned counsel for the respondents.

2. The present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking a following main relief(s):-

“i. to issue an order or direction in the suitable nature directing the respondents department to release the entire death-cum-retiral dues of the deceased employee along with family pension.

ii. To issue an order or direction in the suitable nature directing the respondents to consider the appointment of the applicant under the dying-in-harness Rules 1974 without stipulated period which may specified by this Tribunal.”

3. The facts of the case, as stated by the applicant in her Original Application, are as under;

3.1 The applicant is the unmarried daughter of Late Awadhesh Kumar, who was a permanent Group ‘D’ employee in the Railway Department. The father of the applicant died on 07.05.2020 during the severe impact of the Covid-19 pandemic. Prior to this, the mother of the applicant had already expired on 10.07.2019. Thus, after the death of the deceased employee, only two legal heirs remained in the family, namely the applicant (daughter) and her younger brother. A family certificate issued by the competent authority also confirms the said position.

3.2 After the death of her father, the applicant approached the respondent authorities for release of death-cum-retiral dues, grant of family pension and consideration of her case for appointment under the dying-in-harness rules. The applicant repeatedly submitted representations requesting settlement of retiral benefits and family pension, as she is legally entitled to the same being an unmarried daughter of the deceased employee and the widow of the employee is not alive. However, despite lapse of considerable time, no final decision has been taken by the respondents, nor has any speaking order been passed either allowing or rejecting her claim.

3.3 The applicant is a qualified graduate and is eligible for appointment under the dying-in-harness rules. Her younger brother has already furnished a no-objection certificate consenting to her appointment. The Welfare Inspector of the Railway Department has also verified the family circumstances and found the claim of the applicant to be genuine. Despite this, the respondents have failed to release the death-cum-retiral dues, family pension, or to consider her case for compassionate appointment, leaving the applicant in a penurious condition without any source of livelihood.

3.4 Being aggrieved by the inaction of the respondents in not taking any decision on her claim, the applicant has filed the instant Original application, seeking appropriate directions for release of the death-cum- retiral dues and family pension, and for consideration of her case for appointment on compassionate grounds.

4. The respondents, on the other hand, by filing Counter Affidavit dated 22.07.2024, denied the claim of the applicant and stated that-

4.1 Late Awadhesh Kumar was working as a Safaiwala under CHI Colony/CNB and died on 07.05.2020. Although the applicant claimed that the widow of the deceased employee, Smt. As