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CENTRAL ADMINISTRATIVE TRIBUNAL
OM PRAKASH, J, MOHAN PYARE, A
Jyoti Devi – Appellant
Versus
Union of India through its General Manager, N.E. Railway, Gorakhpur – Respondent
| Table of Content |
|---|
| 1. background facts of the case establishment. (Para 1 , 2) |
| 2. arguments regarding missing employee status and rights. (Para 6 , 7) |
| 3. legal basis for presumption of civil death and annulment. (Para 9 , 17 , 19 , 20) |
| 4. court analysis of missing employee and timelines. (Para 10 , 11 , 12 , 18) |
| 5. final decision on granting benefits and relief. (Para 22) |
(ORDER)
BY JUSTICE OM PRAKASH -VII, MEMBER (J)
The present O.A has been filed by the applicant under section 19 of the Administrative Tribunal Act , 1985 seeking following reliefs:-
“(i) The Hon’ble Tribunal may graciously be pleased to quash and set aside the impugned chargesheet dated 22/26.8.2008 and punishment order dated 18/28.12.2008 being disciplinary proceeding is annulled as per Railway Board’s letter dated 12.8.1991 and further direction to the respondents, as the removal from services order has been declared illegal, the applicant is entitled for appointment on compassionate ground and all terminal benefits treating her dependant of deceased Railway Servant and the arrears of family pension altogether with 12% interest per annum in the interest of justice along with other benefits accrued to her.
(ii) To issue any
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