CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH, HYDERABAD HYDERABAD, this the 26^th day of March, 2025 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member Hon’ble Mr. Varun Sindhu Kul Kaumudi, Administrative Member Smt. V.V.V.Lakshmi, (Group.C)

W/o Late A.V. Surya Prakash, Aged about 50 years, R/o. H.No. 2-1/1/5, 2nd Floor, Near Dhana Lakshmi Kirana Stores, Janapriya Nagar, Phase-1, Miyapur, Hyderabad.

....Applicant (By Advocate : Mr. P. Lakshmana Rao)

Vs.

1. The Union of India Ministry of Personal, Public Grievances and Pensions (Department of Personal and Training)

Rep. by the Secretary, North Block, New Delhi.

2. The Union of India rep by its Secretary, Ministry of Railways, New Delhi.

3. The Hon'ble Raily Board Rep. by the Chairman, Ministry of Railways, New Delhi.

4. The General Manager, SC Railways, Rail Nilayam, Secunderabad.

5. The South Central Railway Rep. by its Divisional Railway Manager (T) SC, Secunderabad.

.... Respondents (By Advocate: Mr. K. Ravi Krishnakanth, Addl. CGSC)

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ORAL ORDER

(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)

By this OA, the applicant had sought the following relief:

“…….to declare the Impugned order issued by the 5th respondent vide order SCR/P-SC/869/Reg/ECA dated 30-01-2018 is illegal, arbitrary, unreasonable and violation of principles of natural justice and unconstitutional and it amounts to violation of Articles 14, 16 and 21 of the Constitution of India and contrary to law and set aside the same and direct the respondents 4 and 5 to pay the ex- gratia compensation of Rs.25 lakhs along with interest In terms of RBE No.139/2016 No.E(W)2016/EG-1/4 dated 25-11-2016 of the 3rd respondent for death of her husband due to accident arising in the course of employment on 26-12-2009 along with interest in terms of the Hon'ble Supreme Court judgment reported in the case of Vijay L Malhotra Vs State of UP and others AIR 2000 SC 3513 (2) and to pass such other order or orders as the Hon'ble Tribunal may deem fit and proper.”

2. The brief facts of the case are that, the applicant's husband Late A.V. Surya Prakash, was an employee working as ASM, South Central Railway, Vikarabad, Qr.No.83/6, Railway Quarters, Secunderabad. His duty place was at Station and his residence situated besides the Railway tracks. On 26-12-2009, he met with an accident while he was going to his residence, situated besides the Railway Track i.e., at Road No. 1, Top Line, Vikarabad Railway Station, P.F.No. 1, by Rail No.7014, UP Usmanabad Express, which had hit the applicant’s husband and he died on the spot. The First Information Report No.140/2009, dated 26-12-2009 was lodged at R.R. District, RPS, Vikarabad and the Station House Officer submitted his final report on 26-12-2009 at about 00.10 hours, stating that while the applicant was going to his residence at Road No.2, Top Line, Vikarabad Railway Station, P.F. No.1, Near Rail No.7014, UP Usmanabad Express had hit the deceased and he died on the spot and it was a clear case of accident death and no foul play was suspected in the death of the deceased. The Police also conducted a Panchanama under FIR No. 140/2009 and recorded the statements. Thereafter, Postmortem examination was also conducted on the same day at Government Hospital, Vikarabad, Ranga Reddy District. The cause of death mentioned in the Postmortem Report that less than 24 hours prior to postmortem enquiry poly trauma causing shock and death. After receipt of the reports, the Station House Officer, RPF, Secunderabad, submitted his report of death on 13-1-2010. Thereafter, the respondents have issued Service Certificate on 22-1-2010 showing that the applicant is the wife of deceased Late A.V.S. Prakash wherein all particulars are mentioned in the certificate.

It is submitted that the respondents issued proceedings dated 17-8-

2012 to the applicant stating that the competent authority has not agreed for the payment of compensation under E.C. Act, 1923 to the applicant. Aggrieved by the same, the applicant has fil