Central Administrative Tribunal - Allahabad
Saroopi Devi Meena vs General Manager N C Rly on 10 January, 2020
RESERVED
CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH ALLAHABAD
Dated: This 10th day of January 2020
HON'BLE MR RAKESH SAGAR JAIN, MEMBER (J)
HON'BLE MS. NAINI JAYASEELAN, MEMBER (A)
Misc. Delay Condonation Application No. 1806 of 2012
In
Original Application No. 717 of 2012
Saroopi Devi Meena wife of Sri Jagmohan Meena, Resident of Village Mandawra,
Post Kudgaon, Tehsil Sapotra, District Karauli, Rajasthan.
.....Applicant
By Advocate: Shri Satish Dwivedi
Versus
1. Union of India through the General Manager, North Central Railway, Head
Quarter office, Subedarganj, Allahabad.
2. The Divisional Railway Manager, North Central Railway, Allahabad Division,
Nawab Yusuf Road, Allahabad.
3. The Senior Divisional Personnel Officer, North Central Railway, office of
Divisional Railway Manager, North Central Railway, Nawab Yusuf Road,
Allahabad.
4. The Divisional Finance Manager, North Central Railway, office of Divisional
Railway Manager, North Central Railway, Nawab Yusuf Road, Allahabad.
5. The Senior Divisional Operating Manager, North Central Railway, Allahabad.
6. The Divisional Traffic Manager, North Central Railway, Tundla.
.........Respondents
By Advocate: Shri Rajesh Pandey
ORDER
By HON'BLE MR RAKESH SAGAR JAIN, MEMBER (J)
1. This order disposes of the application filed by applicant Saroopi Devi Meena seeking condonation of delay in filing the present O.A.
2. The brief facts of the case are that applicant's husband Jagmohan Lal serving in the respondents department is missing since 7.7.2008 regarding 2 which her son filed an FIR in Police Station North Central Railway, Ajayabpur. It is further case of applicant that her husband is still missing and meanwhile the respondents have issued order for family pension and other retiral dues of her missing husband in her favour.
3. In the O.A., applicant has sought number of reliefs but during the arguments submitted that he is confining his relief to direction to the respondents to consider the case of Bhagwan Sahai Meena son of Jagmohan Lal Meena for appointment on compassionate grounds under Rules. Learned counsel for the applicant submitted that during pendency of O.A. the order of punishment awarded to her husband was set aside by the department and placed on record photocopy of said order.
4. In the application, it has been averred that applicant had no knowledge about the order dated 02.07.2009 imposing punishment upon her husband and, therefore, it is only when she managed to get a copy of the order dated 02.07.2009 she filed an appeal against the said order which is still pending. That all her representations etc. have not been disposed of by the respondents till date. Hence, there was no willful or deliberate delay on the part of the applicant in filing the present O.A. and accordingly, in the interest of justice the delay deserves to be condoned, otherwise applicant will suffer irreparable loss and injury since she and her family are entirely depended upon the salary of her missing husband for their livelihood.
5. In their objections, respondents have taken the plea that the O.A. is barred by the period of limitation and mere filing of representation cannot extend the period of limitation as provided in the Administrative Tribunal Act
6. We have heard and considered the counsel for the parties and gone through the material on record.
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7. Learned counsel for applicant has confined the O.A. to the relief for issuing of direction to the respondents to consider of the son of applicant for appointment on compassionate grounds under Rules. Keeping in view the facts of circumstances of the case as well as the nature of relief sought by the applicant, we are of the view that applicant has made out a case for condoning the delay in filing the O.A. Accordingly, the delay in filing the O.A. is condoned.
8. Looking to the limited prayer made by the applicant in the O.A., it would be futile to keep the OA pending. Accordingly, the O.A. is disposed of with direction to the respondents to consider the case of Bhagwan Sahai Meena son of Jagmohan Lal Meena for appointment on compassionate ground under Rules within 2 months from the date of receipt of certified copy of this order by way of passing reasoned and speaking order with intimation to the applicant. No costs.
(NAINI JAYASEELAN) (RAKESH SAGAR JAIN)
MEMBER (A) MEMBER (J)
Manish/-