Central Administrative Tribunal - Mumbai
Rajesh Balkhande vs M/O Railways on 26 July, 2023
a CENTRAL ADMIN! STRATIVE E TRIBUNAL, MUMBALGENCH, MUMBAI ORIGINAL APPLICATION No.322 OF 2020 TYxsant Sle [learinaeriau S& agth eof Suly, 2088 ated this Wednesday, (is 25° day oF July, SOss . DPASY VIS Rk SIS RSE RNS oD HERE VERA PSR EE TEAL CORAM : HON'RCE MR. SHRI KRISHNA, MEMBER (4) Rajesh. @ Satish S/o Kanbarao | Sal Kh ande, Aged about 45 years, Oon : Labour, R/o Nalanda Nagar, Ci Lines, Washim, Ta. Dist Wasim (Maharashira) Pin 444 605, - Email iD: [email protected], . ~ Applicant (Sy Advocate Shri M.B Vaidya) . Versus " ee Unic ion of indi a, through iis Secretary, Ministry of Railway, ' Rail Bhawan, New Delhi, Pin 770 004. | 2 Gener ak Manager Cent a Railway, Chhatrapall Shivall Terminal (CST}, Mumbe! (V.S.3 Pin 400 007. re 0) G3 sD ed ES sh z 6 sod ager, South Central Railway, . gers Olce, Secunderabad (7.8.} Pin 500 O74- eit tte t 'visional Ral wary | Manag 2e, Ce sniral Raihvay, nusawal Division, Shusawal Dist, Jalgaon (Ms Pin 425 201.. OD} Onvisional Railway Manager, Sou Centr ral Railway, Hyderab ad Division, Secunderabad (T.S.) Bin S00 OF 1, oH Qivisional Rai way Manager, Nanded Division, Nandec { (By Advocate Shri D.A.Dubs)- South Central Railway, MLS.) Min 437 605.- Respondents: Reserved on OF 0S, 2025 Pronounced ¢ an 28. ure een ORDER
The applicant has approached this Yribunal on OF OS 2020 under Bedion JS ofthe Agmini strative » Tribunals Act, iS {O85 anc seek! ing the fo lowing reliefs -
being arbitrary, malatide, aise criminatory and legal. 8b). Direct the respondents fo grant the compassionale ground service to fhe applicants along with arrears and interest @18% pa with all other consequential benefits.
:
8c}. Direct the responder iis fo provide all the records of ihe case along wilh their reply fo r r perusal by this Hon'ble inbun al.
B(d). Allow the cost of this application fo the applicant. &fe). Pass such other orders or reliefs as deemed fit and proper in the facts and clrcurmstances of the case in the favour of ihe applicant and against t he respondent"
ok. | Brief facts of the case are that the father of the applicant late Kanbarac Balkhande was working with the Bhusawal 'Division of the Central Rai way at Akot in the capacity of Group 'D' employee. He died in Haris on 22.03.1997 due to run over by 83 down passenger train Bk. Tq. Akot Dist. Akola under Central I Railway of Bhusawal Divis sion when he was on duty. The applicant and his mother $ Sari Gayabal Kanbarao. Balkhande, 'after' 'the death of late Kanbara Q Balkhande decided to leave | Adgaon Bk as the mother of the applicant was not given. employment, after the death .of baal father by the Bhusawal Division and shitted to Hingoll. She applied for a Railway Pass to the Railway D ivision on 10. 06. OPT.
2.1. She applied for the compassionate appointment to the Divisi ional Super ntendent, Bhusawai 'Division of Central Railway on 01.08.1997. it is. submitted that casual labour card 3 OA No,322/2000 82880 was prepared Inthe name of Smt. Gayabal Kanbarao Bat khande as per PW) Avot, Central Railway However, the same was never served upon Simm. Gayabal Kanbarac Salkhance and she was never informed about K and ne payment was ever made to her on account of said labour work, aa His further submitted that on receipt of her apolication for B ce Pe oo compassionate apogin nime tegisiered | in the list of applicants for cormpass onate HHO! intment i dated O1OS.1997, her name was in. Group D category (earlier called as 4" Grade in the employee). She was informed vide letter dated 29.04.7979 F ihe Divisional Superintendent (P), Central Nalway, Bhusawal that her name has been registered for compassionate appointment o3 pee:
eB.
£8 wok D rs iD a nach oo wd rformed by the Rail ways when her turn comes. a. After waiting for a few monthe, She again meade an "application to the Divisional Sune loner (P), Central Railway, Bhusawal on OF.05.1978 for com pass onale appointrnent followed by another eee dated 29,44. 1979. However, there was no response from the espo Ongent ds epariment.
ad Lis submitted that after wait ing for 23 long years to get ihe compassi onale ay ppointment, the applicant fled a Writ Pe fGen No. UATE: of € 2001 sefore the High Court of Judicature at 4 7 OA No.322/2020
25. it is submitted that the applicant was shocked to know when during the course of} heari ing, the respondents submitted a | letter dated 20. OF. 4999 in which { was purported to have been | stated that she was aiven compassionate appointment as a.
substitute on 19.05.1978, but she resigned on 18.44, 1978. tis submitted that the said letter dated 20.07.1989 purported to have been signed by his mother is forged one as Smt. Gayabai Kanbarao Balkhande is not educated and, therefore, she always. put thumb, impression an every application. itis submitted that. had she Been given compass ionate appointment as substitute an
49. 05. 1978, there was no need for the respondent to issue the ietter Gated 29.04.1979 by the Divisional Superintendent ®), Central Railway, Bhusawal that her name has been registe red for compassionate appoi mment and she will be informed by the Railways when her turn comes. Moreover, there would have been 1 no need for his mother to again make an application to the Divisional Superintendent (P) Central Railway, Bhusawal on 07.05.1979 for compassionate appointment followed by another
-applicati ion dated 29.11.4979. - This pr raves that a 1 for rged letter dated 20, 07. 1899 was prepared. to mis lead the Hon'ble High Court. | | , 5 a -- OANo: 302/2020 2.8. | Ho is submitted that representation cated 20.07.1999 produced before the Hombie High Court which is purported to Reve: been made in the name of Smt Gayabal. Kanbarao Galkhande is faving signature on the application Instead of | thy Piss amb: impreasion and, therefore, the same {s forged. {t is ubmit ted that the letter dated 15.11.2000 issued by the Senior Sectio on Bagnces PW Yay), South East Central Rai ilway,, Ako Meter gauge shows ihat the old record is expired and Smt. Gayabal Kanbarao Balkhande was appointed as substitute from WS.0S,1878. But there 8 Ho record or office order for her ee appain tment as the case is old. His claim thet the said letter cantained false ploeeation | | Bot. it is further submitted ih at as per repert of Wel Inspector in case No.488 dated 20.07.20 09, ft is claimed by the Ratlway Department that Sm Gayabai Kanbarao Balkhande was.
appointed on ae ue but She was naver served with any 0 a ae is a one ant etter and the respondents have never iSSl eds any (2.8. Hols submitted that the applicant tnst the an plicant | Ae fled Writ. Petition bearing No. B47 9/2001 before Hon'ble High Gourt of Judicature at Penney, Nagpur Bench under Article 226 of the Constitution of India o OF.18.08.2001 for getting direction to 6 - OANo3221 2020 the respondents to offer ihe compassionate appointment. The respondents have filed false and incorrect reply before the | Hon'ble High Cou irt. However, the Hor' ble High Court dismissed the petition on 07.08: 2010 (Annexu xure A-19).
3. - itis, submit ed that, thereafter the applicant obtained information under the RT Act and based on the same, he fled a | crimi inal case before the Railway Magistrate First Class Court at Shusawal under Section 209, 218, 219, 206 RAv Section 34 of the Atrocities Act, 1989 as the 'Railway authorities have forged letters dated 19.05.1978 and letter dated 15.11.2000 to deny the compassionate appointment, | was submitted that after the 'investigation an F IR was registered vide M-1 dated StOb2014. 3.4. The Sub-Divisional Police Officer in his. letter dated 31.12.2014 addressed fo the - Divisi onal Railway Manager, Hyderabad Division, Hyderabad Bhawan, Secunderabad has stated that it is 'revealed from the letter of Senior Section | Engineer, Akot, Centr al Ral way that tl the name of Smt. Gayabal
- Kanbarao Balkhande was regis tered in the LT! register and the - 'said 'fegister was deposited by the Senior DPO Shri S. Mark | CPlWelfare(WI/HYB) on 18.17.2002 and asked for the certified xerox copy of the above regis ter. Théfetore the submission of O ANo. 322/2020 tad "the respondents 6 before the | Mon ble 2 High Court of Nagour Bench wae false.
3.2. owas submitted that Judicial Magistrate First Class, Railway Cour, Bhusawal took the cognizance ve of the complaint filed by the applicant and a1 roe ered an investigation on 15.12.2014. In pursuance of the Saul order, 4 ihe investigation by the Sub Dnisional Police Officer. Mentiad, his recort Gales ea OL 2015 Magistrate First Class, Ralway ome Bhusawal afler recordi Ing. statement of five Railway ONicers and the applicant, and after parted of the releva ni record shire col roluded that Smt. Gayabal Karbatae Balkhande nas not given any compassionate appaniment and ne record has been vraduced to pre ve the claim of the Railwa ay dsoariment that any compa assionaia nore was given to ber He bs $ reported that no copy of (he appointment orde er, no salary cenificate, no cally attendance . Sneeis has been supplied. He further has stated that Rallway decartr ent has not | supplied t the records and proper evidenc ce to a the appointment of Smt G Gayabal { Nanbarao Ba alkhande as substitute or comp assionate appointndat 3.3, Ks submiiied that therealter the applicant has filed a ease in the Cou at of Hon Se Civil Judge, Senior Division, 8 OANo, 5322/2020 Weshim as Cis ivH Suit No. 10/2016 on 48. Of 2016, The Defendant Ral allway Department in thelr reply bets re the Court of Hon'bie Civil Judge, Seni ior. r Division, Washim has taken the stand that the issue comes under the jurisdiction. of Central Aagministrative | Tribunal and, therefore, --_ application cannot be éntéttained by. a Civil Court, 8.4 it Is submitted that thereafter, ihe applicant made further "representation io the Divisional Railway Manager, Nanded on 01.02.2017, The Divisional Rai way Manager, Personnel Branch, Nanded Divis sion in. their reply dated 10.05.2017 addressed to the - applicant has informed that the applicant's representation dated 01.02.2017 has been received in their office. It is st tated | in the 'etter that the case. is under scrutiny and the outcome will be informed in due course of time, 3.5. Thereafter, the applicant 'iadé-alisther representation before the Divisional Railway Manager, Bhusawal dated 01.10.2018 referring to his earlier _Fepresentation dated 06.06.2018. The DRM Of ice, "Personnel Branch, /Bhusawal ~ eariga out. detall led vestige in the matter, The Chief | 'S&WIBSNL, Bhusawal- after conducting detailed Investigation has concluded in his report dated 13, 07.2019 that the compassionate appointment was not offered to Smit Gayabai ced £ oh ae 3 ered for CGA ea r e p ove facts, f V4 e A-36, page .
& i Be bn s 2 dow was not appointed S draw attention of the Court a 23 ef bed 1G wt fa one : 4 bed :
eet ne fee KE 2 cS = i) oe BO oe Gs , © © & 8 =e om 2 . gg = 6 » &% #8 [a 3 ae "tbs ¢ vee, a, ¢ Ley Oy "
ro) ed fe} orn i en t3 a] {3 Mos: Wy SS w cence, aed > x <2 sett , © @ 8 3 8 2 5 E : es = 8 :
ed Ks 5 ze 5 a Ot af a oe ify soe ts ay ae eee we & ww YE tS Vite B Sone a8) & aS CS a o o & £ F @© € 8&8 © % B 2 eS 2 = f BoB 6 wR Oo @ 2 0 Eos wa B G f oe 6 8 » G@& & & x td gS m, oo ay "ee "eee = 5 fe 3g Se "4 2S ae te Oy & "es oy ae we : : tS) z ae A pe fe GRE. a 8 € 6 68 8 os « PB 2 So hh Be $5 Sos open Sos a : Re eon B a : a : 1 s 'ie aS ih : 8 nee & vk ™ a Ge ots % wee EE oon ee a ees OQ Us SB 2 » 8 28 5 Om RS gL | am eS = ape 1G bon ber : ee e) 6 aoae ig ae hen gg "o% a8 we Tyee oe . fa ee See 2 me Hon gs, oe oS OG gy one pai ai fax 138) . pt : witht, " ¢ BS : tae, * ge ae aa) ; ra Se ea ee 3 oa Ce we G to 2 oe o © €-« 2s @ B BS = ©, O » 8. eS cB . S 2 OE 8 . 8 AW €@ = ; - ON ©.
eS o a oh. Ch a Koen os BO er ie Fes) cae - (58; 03 eng "Ps wo ae: 'Wine se © & = 8 @ & e #2 oO Be 5 FBS 525 .
iS % a oe ae ie ees 2 oe Q Be! = 8 © G & - £ | 8 & 6 DS & BLS » Bo & Oo 8B £4 fF 8 BS & BV gy & 8 £ ©? £8 EES > oh os oe Moe RS he ; Bees = m3 " oe ae ey AS 63 Fo ec ee 9 c= oO te LS ce 2 a "prs G6 g «2 & » £ 8 € @ = & Bf 6 B Be Be er fern " *3e Th : peed. : on yee seg 1 Pane I ene whee pa x gs 6 * £ @ & € 5B e@ 8S oF Bg 98 gs 8 ee ke ae SB Li ae 2 ee Es es B ks ae %, "ros -- oo. an fo 48) G £5 ee) Se i sl > = sl 2; ©
- ew * aed pod: oan io: OANO.322/2020 appointment as @ Substitute under PWIVAKot wet 19.08.1978 and as per rule agains? one death, only one appointment is admissible therefore CGA to her Son:
named Salish cannot be given. .
_ On going through the above statement of DRM {PF} | {Rect sec./ BSL and available docume nis, fis to state that ~ Tt. PUWVARKo fad confirmed several fimes that n any record for anpointment on CGA to the wide iS available in fis office.
2 On ihe pase of ihe DRM (FP) BSL's letter dated 29.09.793 FQ, it seems that up to the date of 29.07.7979, the widow was fot Swardedianpelnind an Compassionate Ground against the death of her husband.
3. On the base of aif the above fe cts. if can be stated that DRM {P} BS 's letter dated 23.41. 2000, is not on the base of the Tra i & Pacts,
03." The case was investigated by the then Welfare inspector and in -- dis investigation Report. dated.
20.77.2000, he had stated that the widow Smt. Gavabal wes appainted afier the death of her husband and this - fact was accepted by the widow in his application dated 20: 07.99. Further he slated that he has searched the old -
"record and found that the widow was appointed under PWIAkot on 7 #9. 08. 1878.
O4, AS per PY) "AKOT* Ss statements/etters, there isAvas NO any record of appoinimen CGA as "Substitute"
available, only the Casual. Labour 'Cara issued by him fo the widow. The Casual Labour Card was prepared in ame of ihe widow on 79.05.1975."
a: Thereafter, the @ppl icant made application under RTI to the CPIO Nanded Division on 16. D5. 2017 and fo the DRM Bhusawal_ on 20.08:20 19 The counsel for the respondents 'submitted that the Rind Ings oF. DRM, Personnel Branch dated 13.07. 2019 proves that the mother of the applicant Was never fered 'the: compassionate appointment or as on substitute.
. Since the mother of applicant, or the applicant was not given | compassionate appointment _ here is coniinucus cause of action railway Authorities, eto there | is no delay and laches on the part of ue applicant and ihe same is not barred by imitation.
3.8. The le earned counsel § for 'the applicant has placed 3 rellance on the judement of Hon'ble Supreme Court in the Fane of ALC Se wntosh Ys. State oY Kernateka & Others neci ded on g. on notice. ine respondents have fled a short reply for retin nary objection to oppose the admission of OA on law point» ies by stating thal there is delay of 4e years in fling of mi § DA and, therefore, the OA Is not maintainable on the ground of delay and laches. Hohas been submitted that Hon'ble High Court of Judicature at Bombay, Nagpur Bench, Nagpur have already deci ided the matter vide thelr order dated O7.05.2010 and PRS dismissed the WAL Petition on meri is and, therefore, this Thbunal is not competent to revis Hie Secision of the Hon'ble High Court -
which AAS consid red all the facts.
By * During the course. of fi inal Arqumerts the learned counsel for the applicant has" reiterated the facts and argument OANo.322/8 120 reed bt mentioned | in the pleadings and also relied upon the decisi ion of 'the Hon' ble Supreme Court i int the case of Malaya Nanda Shetty Vs. State of Orissa and others, uy Civil Appeal No. A103/2022. He also. submitted - that u © respondents have > made Fals statement before the Hon'ble High Court and submitted oe information. The Hon'ble High Court was not given true and -- complete information by the respondents and, therefore, the 7 Hon' ble High Court did not have complet e information about the | 'tase while deciding the matter on 07.05.2010. He. therefore, | | 'submitted that in view of the Hon'ble Apex Court Judgment in Malaya Nanda Shetty (Supra), this Tribunal i may be pleased to issue t the directions to the respondent department to offer compassionate appointment fo the applicant.
6. The counsel. for the respondents submitted that the | judgrhent dated o7. O85. 2010 | in the Writ Petition No.3479/2001 | filed by the applicant v was passed by the Division Bench of the Horry ble High Court.» The 'applicant: has not challenged the judgment of the Hon'ble High Court and, therefore, it has attained finality, it was submitted that it is not open for the _ applicant to agitate the same issue before the 5 Th bunal, which 7 "has: been | decided by the Divis sion Bench of the Hon'ble High:
| Court and which has attai ined final lity qua the applicant.
WOLSSTSLPSPVOL PEE EE uate e eves ie win oon rece ea et e £0 Co & _ = o.
iD Be bed Sone.
Bo enn:
@.
ip op ee oe mm ad x $ nN record, ied o x H $ ments § ou ne 2.0% q 2 oe inthe 30 Goes nor CONUNG any F ofa ' CoNnCEeDT o GIVING servi Ne = arm merts. For the sa cl fh Po Ly x a3 of the Judgment are reproduced + 2 * ra NS SS ¢.
ing staked a isix ¥ iy of r ve} me due fo ihe cle :
2G ey FE we 2 herein 2 adove, 'court hes decided # os Soe Log = gh 'ble H i ~y ince the Ho;
> ok m Se Hey, fing Hon'b! AE ft o 'ent Sy et N me and, ths 3 a A 1S SE nial ravisit var g a ivabt ta 8 ma € 14 OA No, 3232/2020 9% In Mew of the above discussion, the OA is not, | maintainable and deserves to be dismissed and is accordingly dismissed, "However, since new facts have emerged from the inquiries conducted by the Railway Authorities and also by ihe Police Authorities after the Writ Petition was decided by fhe Hon'ble High Court on 07.05.2010, the applicant will be at lberty 7 to pursue his case as per legal advice. : | ~10. Neo order as to costs. .
(Shri Krishna} Member (A) kmg me,