Asha Devi v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2882 of 2018 =========================================================== Asha Devi, W/o Late Yogendra Rai, R/o Dahri Dhawalpura, P.O. Begampur, P.S. Bypass. Patna City, Distt.-Patna.

.... .... Petitioner

Versus

1. The Union of India represented through the General Manager, East Central Railway, Hajipur.

2. The Chief Personnel Officer, East Central, Railway Hazipur-8844101.

3. The Divisional Manager, Danapur Railway Station, Danapur, Patna-181503.

4. The Senior Divisional Personnel Officer, Danapur, Railway Division, Patna 181503.

5. The Sectional Engineer, East Central Railway Danapur, Patna-801503. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Shiw Kumar Prabhakar, Advocate For the Respondent/s : Mr. Arun Kumar Arun, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI And HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 27-02-2018 Death of the father-in-law of the present petitioner happened on 26.01.2008. It is the claim of the petitioner that she was married to the son of the deceased railway employee, who in turn predeceased the railway employee, and she, by virtue of being a widow of the son of the railway employee, is entitled to the compassionate appointment.

The Central Administrative Tribunal, Patna Bench, Patna dismissed the O.A. on 21.08.2017 on the ground that a stale claim was being raised which was barred by limitation. A false statement was given that the case was

Patna High Court CWJC No.2882 of 2018 dt.27-02-2018 within the period of limitation. There is nothing in the official record to show the status of the petitioner before the railway authorities and that since the death had happened way back in the year 2008 much time had elapsed and the object of the compassionate appointment is lost. All these grounds are valid grounds why the Tribunal dismissed the O.A. No. 449/2017. There is nothing to interfere with the said order. This writ application is dismissed.

(Ajay Kumar Tripathi, J.) (Rajeev Ranjan Prasad, J.) Rajeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date 28.02.2018 Transmission Date NA