Central Administrative Tribunal - Allahabad
Deena Nath vs North Eastern Railway on 25 September, 2025
O.A./182/2023
(Reserved on 23.09.2025)
Central Administrative Tribunal, Allahabad
****
Original Application No.182 of 2023
Pronounced on this the 25th Day of September, 2025.
Hon'ble Mr. Mohan Pyare, Member (A)
Deena Nath a/a 22 year S/o Late Sri Ram Asre. R/o Village Bhaisa
Pandey, Post Muderwa, District Basti, Uttar Pradesh.
....Applicant
By Advocate: Shri Ram Karan Verma
Versus
1. Union of India, through the General Manager, North East Railway,
Gorakhpur.
2. Divisional Railway Manager (Karmick), North East Railways,
Lucknow.
3. Senior Divisional Personnel Officer, North East Railway,
Lucknow.
4. Senior Section Engineer (Signal), North East Railway, Basti,
District Basti.
...Respondents
By Advocate: Smt Rachna Dubey
ORDER
Present Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:-
"(A) To set aside the impugned order dated 10.02.2023 passed by respondent no.3, Senior Divisional Personnel Officer, North East Railway, Lucknow.
(B) Issue any order suitable or direction which this Hon'ble Tribunal may deem fit and proper in the circumstances of the case of applicant.
(C) To award costs of this application to the applicant."
2. Brief facts of the case are that the applicant's father Late Ram Asre was working as Blacksmith-III (Lohar-III) under Senior Section Engineer (Signal) in Basti Railway Station and during his service period he died on 04.02.2019 leaving behind his widow Digitally MADHU signed by Page 1 of 6 KUMARI MADHU KUMARI O.A./182/2023 and two sons namely Ram Ashish (elder son) and Deena Nath (younger son) who is the applicant. The mother the applicant moved an application before respondent no.2 for appointment of her younger son Deen Nath i.e. the applicant on compassionate ground on 17.08.2021. The applicant had also filed an Original Application No.998/2022 (Deena Nath vs. Union of India and others) before this Tribunal which was decided on 11.11.2022 with a direction to the respondent concerned to decide the representation of the applicant dated 17.08.2021. Thereafter, the respondents passed the impugned order dated 10.02.2023 vide which the claim of the applicant for compassionate appointment has been rejected on the ground that the applicant submitted false affidavit and concealed the fact regarding his date of birth.
3. Heard learned counsel for the parties.
4. Submission of learned counsel for the applicant is that the applicant is the younger son of Late Ram Asre and his date of birth is 10.10.2000. He has passed High School Examination-2021 from Harivansh Chaudhary Inter College, Sirauta, Basti, District Basti and the high school certificate-cum-marks sheet of the applicant was also issued by Madhyamik Shiksha Parishad, Uttar Pradesh. It is submitted that the widow of the deceased lives with the applicant and the applicant is somehow maintaining the house expenditure and their financial condition is very poor. His elder brother Ram Ashish does not want to keep any relation with his younger brother and his mother and he provides no financial help to the family. It is mentioned that the elder brother of the applicant, with malafide intention and ulterior motive, already submitted a false affidavit by the name of Smt. Vimla (the mother of the applicant) and Deena Nath (the applicant) disclosing the wrong date of birth of the applicant i.e. 10.07.1994 because Ram Ashish wants to grab the service on compassionate appointment.
5. Learned counsel for the applicant further argued that the applicant passed class-8th from Dharmraj Vishwakarma Purv Madhyamik Vidyalay, Bankati, District in year 2013-14 and in the transfer Digitally MADHU signed by Page 2 of 6 KUMARI MADHU KUMARI O.A./182/2023 certificate of class-8th also his date of birth is mentioned as 10.10.2000. There is no motive or intention to conceal any fact or document before respondent concerned and even real/actual date of birth of the applicant i.e. 10.10.2000 provides a long service period to the applicant and makes him eligible for the job, then why would he conceal his real date of birth in such circumstances. There is no concealment/manipulation of any fact among the documents that has been submitted by the applicant or his mother Vimla Devi. In the PAN Card as well as Aadhar Card of the applicant, his real and correct date of birth is also mentioned as 10.10.2000 and there is no document available regarding any other or forged date of birth of applicant and respondent concerned is not believing and relying on the available educational records and other documents of the applicant and merely rejected the claim of the applicant on the ground that he has submitted a false affidavit and concealed the fact and date of birth but neither any false affidavit was submitted by the applicant or his mother nor did they conceal any fact or document. When the mother of applicant came to know about the malicious act of her elder son Ram Ashish then she moved a fresh representation dated 17.08.2021 before respondent concerned and stated all the facts of the case and annexed marks-sheet of Class-8th and 10th of her younger son before respondent concerned. It is submitted that the applicant has passed high school examination in 2021 and he is fully eligible to be appointed on any post/service as per the qualification provision of compassionate appointment under dying in harness rule. It is further mentioned that under the Dying in Harness Rules, 1974 as amended by 2021, the wife has the first right to compassionate appointment and in case, she does not want or is not eligible for the service/post then by her own consent, she can seek appointment of her son or daughter, as such, the mother of applicant Vimla Devi W/o Late Ram Arse wants to get the compassionate appointment to the applicant because he is residing with her and takes care of her health, livelihood and other daily needs.
Digitally MADHU signed by Page 3 of 6 KUMARI MADHU KUMARI O.A./182/2023
6. Submission of learned counsel for the respondents is that among the documents presented by the applicant, an affidavit attested by a notary was also given by Shri Deena Nath on 12.04.2019. In which he said that he had passed class 8 examinations in the year 2009, passed the examination as a regular student in class 9 in 2018-2019 and appeared in high school examination in 2019-20. The widow of the deceased employee submitted the certificate by the Principal of Harivansh Chaudhary Inter College, Basti on 25.02.2019 alongwith a certificate issued on 2009 for passing class-8 submitted on 20.05.2009, in which the date of birth of Shri Dinanath is mentioned as 10.07.1994 (July 10, 1994). But during the investigation, the copy of the transfer certificate (T.C.) issued by the Principal of Harivansh Choudhary Inter College, Basti, shows the date of birth of the student (Deenanath) as 10.10.2000 and the date of admission in class 9 is mentioned as 03.05.2019. A copy of the receipt of admission and registration fee of class 9 was also provided and as per the same, fee was submitted on 03.05.2019. In this sequence, a copy of applicant Dinanath's class 8th T.C was made available by Dharamraj Vishwakarma Pre-Secondary School, Bankati (Basti), in which Shri Dinanath's date of birth is mentioned as 10.10.2000 and mentioned the class 8th in the year 2013-14. An explanation was called from Principal, Harivansh Chaudhary Basti, regarding the two different dates of birth mentioned in the above forms. On 27.07.2020, he clarified that according to the records of the school, the date of birth of Shri Dinanath is 10.10.2000 and he had taken admission in class-9 in this school on 03.05.2019, whose registration no. is 711161109190178. It was also mentioned that the certificate dated 25.02.2019 is not issued from the school because the signature of the Principal on it is fake and the seal put on it is that of the Pradhanachary (प्रधानचार्य) instead of that of the Pradhancharya (प्रधानाचार्या) and at that time the Principal Mrs. Urmila Verma was working. Presently Mr. Rajmangal is working as Principal and has been working since February 2020. During the investigation conducted by the Assistant Personnel Officer in the matter, the Digitally MADHU signed by Page 4 of 6 KUMARI MADHU KUMARI O.A./182/2023 Principal of Harivansh Chaudhary Inter College has again clarified on 03.08.2021 that the date of birth of the applicant has been found to be 10.10.2000 (tenth October 2000) as per the school records. In this regard it was again mentioned that the applicant passed the high school examination in the year 2021 by taking admission in class 9th in my school and his roll number is 212667548 and his date of birth as per school records is 10.10.2000 (tenth October two thousand), apart from this there is no other date of birth. Thus, it is self-evident from the investigation report and the statement of Principal Harivansh Choudhary Inter College Basti that the applicant submitted fake documents and false affidavit to get compassionate appointment in Railway Service. According to the guidelines issued by the Headquarters Gorakhpur, if the documents are found to be fake, no member of that family will be given appointment on compassionate grounds.
7. I have considered the rival submissions of learned counsel for the parties and perused the entire documents on record.
8. The respondents have denied the claims of the applicant for compassionate appointment for submitting fake documents and false affidavit regarding his date of birth while the applicant has vehemently argued that he has not submitted any false documents and if any such documents has been received by the respondents, it has been done by his elder brother with malafide intentions. The so called affidavit has not been enclosed by the respondents. The respondents have taken the plea that as per the guidelines issued by the Headquarters Gorakhpur, if the documents are found to be fake, no member of that family will be given appointment on compassionate grounds. However, as the applicant has repeatedly denied having submitted any false document or incorrect fact, and has claimed that misrepresenting his date of birth would not have given him any benefit with respect to compassionate appointment and that he has been victimised by his elder brother who has submitted those false documents with ulterior motives, I am Digitally MADHU signed by Page 5 of 6 KUMARI MADHU KUMARI O.A./182/2023 inclined to take a sympathetic view as the version narrated by the applicant appears to be reasonable and to give the applicant one last opportunity, without commenting anything upon the credibility of the applicant's version of the story regarding the submission of the alleged false documents, to once again submit the correct documents required to be considered for appointment on compassionate grounds before the competent authority amongst the respondents which the respondents should reconsider in accordance with the rules and regulations governing the issue.
9. Thus, the O.A. is allowed. The impugned order dated 10.02.2023 is hereby set aside. The applicant is directed to again submit the requisite documents for the purpose of compassionate appointment before the competent authority and thereafter the respondents should reconsider the claim of the applicant as per the rules/regulations, guidelines and policy governing the matter. All associated M.As. also stand disposed of. No costs.
(Mohan Pyare) Member-A Madhu Digitally MADHU signed by Page 6 of 6 KUMARI MADHU KUMARI