CENTRAL ADMINISTRATIVE TRIBUNAL, MUMBAI BENCH, CAMP AT NAGPUR O.A.No.691/2024 Date of Decision: 19.02.2026 Coram: Hon’ble Mr. Shri Krishna, Member (A)

Kartikswami S/o Kewalram Chudhari Aged 26 years, Occ. Labour,The R/o Giridhar Sandokar, Laxminagar, Sulezari, Po. Nagbhid, Dist. Chandpur (MS). Pin Code- 441205 Mob. No.8459269464 …Applicant (By Advocate: Ms. Shilpa S. Giratkar)

VERSUS

1. Union of India Through Divisional Railway Abhishek DDf9t7tRLDF 2 e i c 9 o o iN e a l 8 l g e 4ee c x a t f:i = e bp a i 2 4 t s t aC : 6 eh t f b o P i b l o2 1 = 4o0 n y c D n0 5 7n I e : 5N s :2 4 F 5ea I f i, 6 7bN e g a R C . 1f 7 n u m 0 2 e 4 5 Ne m 2 3 a c 3 d t . = 9b h d b 2 7 A 2 b e e e 8 7 1 by r r b d a = 1 d h V A b u 3 9 ies 3 e b t : 3 h 4 4 h r h s o 7 1 e 9 i 1 i s r e : k o 1 1 7 h, o 2 n 8 2 b eO f 1 : + 5 k t 9 2 c = h 0 96 4 0 P i 5 0 s 9 3 2' 3 e 3 7 2 5 d 9 r 0 b b . s o 0 3' 8 4 o c a . 0 n 0 u 4b 4 a m f,3 c l , e s d 8 S n eb t Tr 3 ei=a4 Dl 7 8N 9 c eu0 lhmc 4 i 8 , a b 6 p 1 e7 o 0 r=b s a t 1 3 a 9 1 lC f 7 a 6 o 3 a d 6 d e a = f 0 1 e 6 4 3 0 8 0 7 3 4 0 5 0 9 8 , 8 5 p 0 2 s c 6 e 5 b u a 4 d , 7 o d n , y m= M Ra a i n lw a a g y e , r , N S a o g u p t u h r - E 4 a 4 s 0 t 0 C 0 e 1 n . tral

2. Divisional Personal Officer, for Senior Divisional Perosnal Officer, South East Central Railway, Nagpur-440001.

3. Assistant Divisional Engineer, South East Central Railway, Nagbhid, Tah. Nagbhid, Dist. Chandrapur-441205.

…Respondents (By Advocate: Mr. S. R. Charpe)

ORDER (ORAL)

Per: Shri Krishna, Member (A)

The applicant has filed this OA to quash and set aside the impugned order dated 09.02.2024 issued by the respondent no.2 in Annexure- A/1, rejecting the claim of the applicant for compassionate appointment on the ground that he is son of second wife of the deceased employee and seeking direction to the respondents to appoint him on any suitable post on compassionate basis.

2. After issuance of notice, the respondents have filed their reply and justified the impugned order on the basis of Railway Board letter RBE No. 218/2019 dated 30.12.2019, on the ground that Railway Board instruction RBE No.

Abhishek DDf9t7tRLDF 2 e i c 9 o o iN e a l 8 l g e 4ee c x a t f:i = e bp a i 2 4 t s t aC : 6 eh t f b o P i b l o2 1 = 4o0 n y c D n0 5 7n I e : 5N s :2 4 F 5ea I f i, 6 7bN e g a R C . 1f 7 n u m 0 2 e 4 5 Ne m 2 3 a c 3 d t . = 9b h d b 2 7 A 2 b e e e 8 7 1 by r r b d a = 1 d h V A b u 3 9 ies 3 e b t : 3 h 4 4 h r h s o 7 1 e 9 i 1 i s r e : k o 1 1 7 h, o 2 n 8 2 b eO f 1 : + 5 k t 9 2 c = h 0 96 4 0 P i 5 0 s 9 3 2' 3 e 3 7 2 5 d 9 r 0 b b . s o 0 3' 8 4 o c a . 0 n 0 u 4b 4 a m f,3 c l , e s d 8 S n eb t Tr 3 ei=a4 Dl 7 8N 9 c eu0 lhmc 4 i 8 , a b 6 p 1 e7 o 0 r=b s a t 1 3 a 9 1 lC f 7 a 6 o 3 a d 6 d e a = f 0 1 e 6 4 3 0 8 0 7 3 4 0 5 0 9 8 , 8 5 p 0 2 s c 6 e 5 b u a 4 d , 7 o d n , y 1 m= 20/2023 dated 02.11.2023 which was issued pursuant to the judgment of Hon’ble Supreme Court in the case of Union of India and Others Vs. V. R. Tripathi in Civil Appeal No. 12015/2018 (arising out of 32004/2016) that the date of applicability is effective from the date of the said judgment. 3. During the arguments, learned counsel for the applicant has submitted across the bar a copy of letter of Railway Board No. 08/2026 dated 21.01.2026 in which it has been clarified that all applications of the children born to second wife seeking compassionate ground appointment in Railways received after 11.12.2018 are to be considered and decided on merits of each case and should not be rejected merely on the ground that the cause of action arose before 11.12.2018. It has also been stated that instructions exist to decide the delayed application on compassionate appointment claim depending on the merits of an individual case.

4. In view of the above instructions of the Railway Board, learned counsel for the applicant submits that the impugned order cannot be justified and the same deserves to be Abhishek DDf9t7tRLDF 2 e i c 9 o o iN e a l 8 l g e