Central Administrative Tribunal - Delhi
Girish Chandra vs Railway on 4 December, 2023
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Item No.1/ C-5 OA No. 3202/2023
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH: NEW DELHI
O.A. No. 3202/2023
M.A. No. 3679/2023
This is the 4st day of December 2023
Hon'ble Dr. Chhabilendra Roul, Member (A)
Mr. Girish Chandra S/o Late Devi Datt, Aged About
33 Years, R/o Village Koltolari, Post- Dhyonai, Garur,
Tehsil & Distt-Bageshwar, Uttarakhand - 263641.
...Applicant
(By Advocate : Ms. Rashmi Malhotra with Mr.
Himanshu Kaushik and Ms. Pulkita)
Versus
1. Union of India
Through Chairman, Railway Board,
Rail Bhawan, New Delhi, 110001
2. The General Manager,
Northern Railway, Head Quarter Office,
Kashmere Gate, New Delhi-110006.
3. Senior Personal Officer/COM
for Administrative Officer/Com,
Head Quarter Office, Kashmere Gate, Delhi, 110006
4. The Principal Chief Personnel Officer Northern
Railway, Kashmere Gate, Delhi-110006.
5. Chief Administrative Officer (Construction) Northern
Railway, Kashmere Gate, Delhi-110006.
6. The Deputy Chief Engineer I.O.W/H.Q/M.T.P./R-
T.K.J., Kashmiri Gate, Delhi 110006
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Item No.1/ C-5 OA No. 3202/2023
7. Head Office, Construction Division, Kashmere Gate,
Delhi, 110006
...Respondents
(By Advocate: Ms. Sumedha Sharma)
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Item No.1/ C-5 OA No. 3202/2023
ORDER
The instant OA has been filed by the applicant under Section 19 of the Administrative Tribunals Act 1985, seeking the following relief(s):-
"i) Direct to set-aside and quash the speaking order dated 17/18.11.2022 passed by respondent No. 7.
ii) Direct the respondent to consider the applicant for appointment on compassionate ground in Group 'C' or any suitable post on the basis of Dying-in-Harness rules.
Ⅲ) Pass any such order(s) as this Hon'ble Court may deem fit and proper in the above facts and circumstances of the case."
2. The present applicant seeks appointment on compassionate ground. The applicant has made representation dated 28.03.2023. This representation is pursuant to the decision of Divisional Railway Manager (Personnel), Northern Railway, New Delhi's communication vide letter dated 18.11.2022. The counsel for the applicant states that as per RBE No. 31/2009 issued on 06.01.2009, the cases of compassionate appointment can be considered till the 20 years by DRM and 30 years by the Railway Board. Accordingly, the case of compassionate appointment is within the time as the father of the applicant was died on 15.06.1990. At the time of the death of the father of the applicant, the applicant was minor. As per the RBE No. 31/2009 as mentioned above, the applicant can be considered 4 Item No.1/ C-5 OA No. 3202/2023 for compassionate appointment. However, the learned counsel for the applicant submits that the applicant will be satisfied if direction may be issued to the respondents to consider the present OA as fresh representation of the applicant and decide the same in a stipulated time period.
3. Ms. Sumedha Sharma, learned counsel who appears for the respondents on advance service, accepts notice. She submits that the respondents have no objection if aforesaid direction be issued to the respondents.
4. Heard learned counsel for the parties.
5. In view of above, without going into the merits of the case, the OA is disposed of at the admission stage itself with direction to the competent authority amongst the respondents to consider present OA as fresh representation of the applicant and decide the same by passing a reasoned and speaking order within a period of eight weeks from the date of receipt of a certified copy of this order.
6. The OA is disposed of in the above manner. No order as to costs.
(Dr. Chhabilendra Roul) Member (A) /daya/