The court directed the competent authority to consider a representation for compassionate appointment in accordance with extant railway rules and issue a reasoned, speaking order within a stipulated timeframe.

O R D E R (O R A L)

Per: Hon’ble Mr. Anindo Majumdar (A):

1. Ld Counsel for both the parties are present.

2. Heard.

3. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):-

“a) An order directing the respondent authorities to grant compassionate appointment in favour of the applicant under died in harness category.

b) To direct the respondent authorities to consider the representation of the applicant dated 28.7.2023.

c) An order directing the respondents to produce all relevant records in connection with the present case before this Hon'ble Tribunal.

d) Any other order or further order/orders as to this Hon'ble Tribunal may deem fit and proper.”

4. Ld Counsel for the applicant submits that the applicant is the daughter of the deceased Railway employee. After the death of her father the applicant had made a representation dtd. 28.07.2023 for grant of both family pension and appointment on compassionate ground. After a lapse of a considerable period of time when the said representation had not been considered by the respondents, the applicant approached this Tribunal, by way of, OA/350/1006/2024 which was disposed of by this Tribunal vide Order dtd. 25.07.2024 with a direction upon the respondents to consider the representation of the applicant dtd. 28.07.2023 within a stipulated period of time. In compliance with the said order of this Tribunal, vide Order dtd. 22.07.2025, the respondents have granted family pension in favour of the applicant. However, they have not granted appointment to the applicant on compassionate ground. Hence this OA.

5. Ld Counsel for the applicant prays for a direction upon the respondents to consider the prayer of the applicant in her representation dtd. 28.07.2023 for appointment on compassionate ground.

6. Ld Counsel for the respondents submits that the instant OA is not maintainable on the ground of limitation. She further submits that Respondent No. 5 has already passed away, therefore, her name should be deleted from the instant OA.

7. Ld Counsel for the applicant submits that he has no instruction about the death of the Respondent No. 5. However, on instruction received from the Ld Counsel for the respondents he seeks liberty to delete the name of Respondent No. 5 from the array of parties.

8. Liberty is granted. Ld Counsel for the applicant is directed to make necessary amendment in the OA.

9. In view of the above, since Ld Counsel for the applicant has made an innocuous prayer for consideration of the representation, we direct the respondents/competent authority to consider the prayer of the applicant as is in her representation dtd. 28.07.2023 for appointment on compassionate ground as per extant rules of Railways and to communicate the decision to the applicant by way of a reasoned, speaking order within a period of 06 weeks from the date of receipt of certified copy of this order. It is needless to mention that if after proper verification the applicant is found eligible and suitable for the appointment on compassionate ground, the same be granted to her.

10. Further, we make it clear that we have not gone into the merit of the case. All points are kept open for consideration by the respondents.

11. Accordingly, the OA is disposed of. No costs.