Central Administrative Tribunal - Madras
P Monisha vs M/O Railways on 8 August, 2023
~r 1 OA 594/2022 CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH OA NO.594/2022 Dated Tuesday the 8" day of August Two Thousand Twenty Three CORUM: HON'BLE MS. LATA BASWARAJ PATNE, JUDICIAL MEMBER Smt P Montsha (Female, aged about. 27 years) Wife of late D Pravin Babu No, 104 Perumal Koil Street Arigilapadi Village Thakkolam Post 631151 Arakkonam Taluk By Advocate M/s R. Venkataraman Vs ~) Union of India represented by the General Manager Southern Railway HQ Park Town, Chennai 600003 2) Principal Chief Personnel Officer southern Railway Headquarters Office Park Town Chennai 600003 3) Additional Divisional Railway Manager Southern Railway Madurai Division Madurai 625016 By Advocate Mr.Su.Srinivasan SCGSC Appilcant Respondents 2 OA 594/2022 ORAL ORDER
(Pronounced by Hon'ble Ms, Lata Baswaraj Patne, Member(J)) Heard Jearned counsel MrR.Venkataraman for the applicant and Mr.Su.Srinivasan, SCGSC for the respondents.
2. The applicant has filed the present OA under Section 19 of the Administrative Tribunals Act, 1985 seeking the following retie*:
"(a) call for the relevant records relating to the request of the applicant for CG Appointment in her favour:
(b}) Quash/set aside the Annexure A-4/impugned letter no. PB/CS/30/MDUI2020/03 dated 05-07-2021 of the 2nd Respondent {c) Quash/set aside the Annexure A-6/impugned letter no, U/G 50/CPGRAMS/May/22 dated 27-05-2022 of the 3rd Respondent; and;
(d) Direct the Respondents to consider the request of the applicant for CG Appointment in her favour & offer the applicant suitable post in Railways on compassionate grounds commensurate with her educational qualification without any further loss of time; and fe) pass any other order(s) as deemed fit and proper in the circumstances of this case and thus render justice."
3. 'The brief facts of the case as stated by the applicants are.as follows:
The applicant's husband Shri D Pravin Babu was engaged as a 'Substitute' in the Civil Engineering Department of Southern Railway in 2009, Unfortunately, the applicant's husband expired on 29-08-2019 due to Blood Cancer, leaving the applicant and her two female minor children to mourn his sudden demise, The settlement benefit received by the applicant due to the demise of her husband was very much paltry. The applicant submitted a request for Compassionate Ground Appointment in her favour, for which the Principal Chief Personnel Officer, Southern Railway advised the applicant that her request for Compassionate Ground appointment would be considered only after the disposal of the CA No.1909 of 2015 by the Hon.ble Supreme Court. Being aggrieved the applicant has filed the present OA seeking the aforesaid relief, 3 OA 594/2022 4, After notice the respondents have entered appearance through their counsel and filed their reply and raised their objections on the ground that the applicant's deceased husband who was a Course Completed Act Apprentice (CCAA) was engaged as a Substitute based on his apprenticeship training in the Railways as per the extant policy. The Hon'ble Supreme court In SLP(C) No,19281/2007 in the case of Rama Devi Vs UOI vide order dated 07.01.2009 has held as under:
"We are of the opinion that in view of clause 26 of the Raitway services Pension Rules, 1993 (for short 'the Rules'}, a Substitute cannot be deemed to be a railway servant unless he is absorbed in the regular railway service. Admittedly, petitioner's husband, who had been appointed as substitute, was never absorbed on regular basis. Hence, petitioner's husband cannot be treated as a railway servant.
Consequently, this special leave petition is dismissed."
The respondents further contended that question related to the entitlement of Substitutes is sub judice before the Hon. Supreme court of India In C.A.No.1090/2015, Therefore the claim of the applicant to appoint her on compassionate ground can be considered only after disposal of the said civil appeal.
5. Learned counsel for the applicant has drawn the attention of this Tribunal to Office Order dated 11.05.2018 in one of the similarly situated deceased employee's wife the department has engaged her as Substitute on compassionate ground in erstwhile Group D service under General Manager's power at Signal & Telecommunication Workshop on pay Rs.18000/- in Pay Matrix Level-1 + other allowances admissible under rules from time to time. If the same benefit is extended in the matter of the applicant subject to the outcome of the SLP, the purpose of filing the OA will be fulfilled.
6. In view of the same, the respondents are directed to consider the claim 4 | OA $94/2022 of the applicant on par with Smt.S.Suganya and engage the applicant as a Substitute on compassionate ground In erstwhile Group D service. The said | exercise has to be carried out within a period of three manths from the date | of receipt of a certified copy of this order. It is made clear that the said claim of the applicant Is subject to the outcome of the SLP pending. 7, OA Is disposed of No' costs, ea