(Reserved on 12.02.2026)

Central Administrative Tribunal, Allahabad Bench Allahabad ****

Original Application No. 749/2022 This is the 26th Day of February, 2026 Hon’ble Mr. Justice Rajiv Joshi, Member (Judicial)

Balbeer Singh aged about 40 years, Son of Dhani Ram Resident of Bijoli, Jhansi District Jhansi.

………..Applicant By Advocate: Shri S.M. Ali Versus

1. Union of India through General Manager Head Quarter North Central Railway, Allahabad.

2. Divisional Railway Manager North Central Railway, Jhansi.

3. Senior Divisional Personnel Officer, North Central Railway, Jhansi.

……… Respondents By Advocate: Shri Raj Kumar Singh

O R D E R

Heard Shri S.M. Ali, learned counsel for the applicant and Shri Raj Kumar Singh, learned counsel for the respondents.

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

(i) to quash the impugned rejection order dated 20.05.2022 (A-1) and to grant all consequential benefits.

(ii) to issue order or direction, to appoint the applicant on compassionate ground under dying in harness rules with all other consequential benefits.”

3. The brief facts of the case, as per the applicant, are as follows:-

3.1 The father of the applicant, Late Dhani Ram, a Railway employee, died on 09.02.2010. After his death, the applicant submitted an application in the year 2010 seeking release of death-cum-retiral dues and appointment on compassionate ground under the Dying in Harness Rules. The D.R.M. (P), Jhansi, vide letter dated 04.01.2011, directed the applicant to obtain a succession certificate from a competent Court, as another person had also claimed to be the adopted son of the deceased employee.

3.2 In compliance thereof, the applicant filed Succession case No.227/2011 (Balbeer Singh vs. Gulab Rani & another) before the Court of Civil Judge (Senior Division), Jhansi. The said case was decided on 25.07.2016, declaring the applicant as the legally adopted son of Late Shri Dhani Ram. Thereafter, the applicant submitted the certified copy of the succession case along with representation dated 22.08.2016 to the D.R.M. (P), Jhansi, seeking payment of post-retiral dues and compassionate appointment.

3.3 The department released the settlement dues vide order dated 16.11.2016 in favour of the applicant but did not grant compassionate appointment on the ground that the applicant was educated only up to 8th class, whereas the minimum qualification required was High School (10th pass). Thereafter, the applicant applied on 01.12.2016 to appear in the High School Examination. He subsequently passed the High School Examination in the year 2021 from the U.P. Madhyamik Shiksha Parishad and submitted his mark sheet along with representation dated 07.12.2021 for consideration of his case for compassionate appointment.

3.4 The Welfare Officer obtained necessary information and documents from the applicant on 01.02.2022 and the applicant submitted all required papers along with affidavit on 14.02.2022. However, the respondent No. 3 passed the impugned order dated 20.05.2022 rejecting the claim of the applicant for compassionate appointment without assigning any reasons and without supplying any report of the competent authority as stated by the applicant. Hence, the present Original Application has been filed before this Tribunal.

4. Counter Affidavit has been filed from the side of the respondents on 23.03.2023, wherein they have denied the claim of the applicant and submitted as follows:-

4.1 The alleged Adoption Deed was not legal per se and the applicant was declared as the adopted son of the deceased employee only by judgment and decree dated 25.07.2016 passed by the Civil Judge (Senior Division), Jhansi in Original Suit No. 227 of 2011.

4.2 At the time when the applicant was declared as adopted son in the year 2016, but he was not High School passed, which is the minimum prescribed qualification under the relevant rules for compassionate appoint