CENTRAL ADMINISTRATIVE TRIBUNAL
4206/2023
O.A./770/2023
(Reserved on 11.03.2026)
Central Administrative Tribunal, Allahabad Original Application No.770 of 2023 Pronounced on this the 13th Day of March, 2026 Hon’ble Mr. Mohan Pyare, Member (A)
1. Beila Devi aged about 64 years (Senior Citizen) widow of Late Ram Banarasi Prasad R/o village- Uparvar (Kotiya), Post-Sewapuri District-Varanasi.
2. Saroja Devi aged about 38 years married daughter of Late Ram Banarasi Prasad R/o Village- Uparvar (Kotiya), Post- Sewapuri District- Varanasi.
….Applicants By Advocate: Shri Rajesh Kumar Versus
1. Union of India through General Manager, East Central Railway, Hajipur, Patna.
2. Divisional Railway Manager, East Central Railway, Mughalsarai now Deen Dayal Upadhyay Nagar (DDU).
3. Senior Divisional Personnel Officer, East Central Railway, Mughalsarai now Deen Dayal Upadhyay Nagar (DDU).
…Respondents By Advocate: Shri Anil Kumar
ORDER
Present Original Application has been filed under Section
19 of the Administrative Tribunals Act, 1985, seeking the following relief:-
“a. Issue an order or directions in the appropriate nature to quash and set aside the impugned order dated 09.5.2022 (Annexure A-1) passed by respondent No.2.
b. Issue an order or directions in the appropriate nature to the respondent No.2 to consider the compassionate ground appointment of applicant No.2.
c. Issue any further orders or direction, which this Hon’ble Tribunal may deem fit and proper in the circumstances of the case.
d. Award the appropriate cost in favour of the applicant.”
2. Brief facts of this case are that the husband of applicant no.1 Late Banarasi Prasad, who was a Railway Employee posted as Office Superintendent Grade-I under the administrative control of respondent no.3, died while in service on 19.06.2014. Thereafter, applicant no.1 sought appointment on compassionate grounds for her married daughter namely Saroja Devi (applicant no.2). The applicants had also filed an Original Application no.57/2022 which was disposed of by this Tribunal on 14.01.2022 with a direction to the competent authority to pass a reasoned and speaking order on the representation of the applicant dated 28.11.2019 within 8 weeks. Thereafter, respondent no.3 issued a letter dated 04.03.2022 asking the applicant to submit a certificate from the civil authority (DM/SDM/BDO/Tahsildar) regarding dependency of applicant no.2 on the deceased employee. The applicant obtained the certificate on 20.05.2022 from the SDM (Sadar), but before that the case of the applicant was rejected by the respondents by an order dated 09.05.2022.
3. Learned counsel for the applicants argued that applicant no.1 was
56 years old at the time of the death of the deceased employee, therefore she sought compassionate appointment in favour of her daughter. It is argued that although applicant no.2 is a married daughter of the deceased employee who was married during his lifetime but she was fully dependent on her father as her husband had no source of regular income. It is further argued that in a similar case of Smt. S.G. Krishna Kumar vs Union of India, Ernakulam Bench of this Tribunal vide order dated 06.12.2010 had directed the respondents to re-consider the request of the applicant for appointment on compassionate ground. He also referred to judgement of this Tribunal in O.A./697/2023 (Heena Kairwal vs UOI) decided on 25.09.2025 and argued that in the said case, relying on several case laws, married daughter was considered a dependent family member, therefore, the case of the applicant was directed to be reconsidered for grant of compassionate ground appointment.
4. Submission of learned counsel for the respondents is that the request of the applicant has been decided by a reasoned and speaking order dated 09.05.2022 by dismissing her claim for compassionate appointment as applicant no.2 is a married daughter who lives with her husband and three children and cannot be said to be dependent on her father or mother. It is also argued that the deceased employee died on 19.06.2014 and mor
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