CIVIL WRIT JURISDICTION CASE No.13032 OF 2006 --------------- In the matter of an application under Article 226 of the Constitution of India. ------------- 1. THE UNION OF INDIA, THROUGH GENERAL MANAGER, EASTERN RAILWAY,IV, NETAJI SUBHASH ROAD, P.S. MARA STREET, CALCUTTA 2. THE D. R. M. EASTERN RAILWAY, KHAGAUL,DANAPUR 3. THE SENIOR DIVISIONAL PERSONNEL OFFICER, EASTERN RAILWAY, KHAGAUL, DANAPUR 4. SR. D.S. T. E. EASTERN RAILWAY,KHAGAUL,DANAPUR 5. ASSISTANT PERSONNEL OFFOCER, EASTERN RAILWAY, KHAGAUL, DANAPUR………………………. PETITIONERS Versus 1. THE CENTRAL ADMINISTRATIVE TRI BUNAL, PATNA BENCH, PATNA, THROUGH ITS REGISTRAR, SHRI KRISHNA NAGAR, PATNA. 2. SMT. DHANESHWARI DEVI, WIDOW OF LATE MAHESH RAM, EX-PEON, RESIDENT OF OFFICERS COLONY, P.S. KHAGAUL, DISTRICT – PATNA. 3. SRI RAMESH RAM SON OF LATE MAHESH RAM, RESIDENT OF OFFICERS COLONY, P.S. KHAGAUL, DISTRICT- PATNA……………………………RESPONDENTS ---------------- FOR THE PETITIONER:- :MR. A. AMANULLAH,ADVOCATE FOR PRIVATE RESPONDENTS:- :MR.GAUTAM BOSE, SENIOR ADVOCATE, MR. RATNA DAS, MR. AJAY KUMAR & MR. VIKASH JHA , ADVOCATES ------------- P R E S E N T THE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH THE HON'BLE MR. JUSTICE BIRENDRA PRASAD VERMA ------------- Shiva Kirti Singh & B.P.Verma, JJ Heard learned counsel for the parties. 2. The Union of India and Authorities of Eastern Railway 2 have preferred this writ petition against order of the Central Administrative Tribunal, Patna Bench, Patna dated 23-2-2006 whereby O.A. No. 8 of 2005 preferred by the private respondents has been allowed. 3. The facts are not in much dispute. Respondent Dhaneshwari Devi is widow of late Mahesh Ram and respondent- Ramesh Ram is son of late Mahesh Ram but from his second wife. Late Mahesh Ram was a peon and while in service under the Railways he suffered medical disability and on that ground he had to be discharged from service. Under the policy decision of the Railways an eligible person from his family could be considered for compassionate appointment. Soon-after discharge the said Mahesh Ram died on 12-6-1998. After considering the claim of Ramesh Ram for compassionate appointment which was not objected by other family members of late Mahesh Ram and was duly supported by respondent Dhaneshwari Devi widow of late Mahesh Ram, the petitioners rejected the said claim on the ground that children born to the second wife of an employee who had not taken permission for second marriage could not be treated as eligible for compassionate appointment. 3 4. The learned Tribunal considered the reason for denial of compassionate appointment in detail and on proper appreciation of various judgments and decisions particularly, one by a Division Bench of this Court in the case of Union of India Vrs. The Central Administrative Tribunal and others, reported in 2002(2) P.L.J.R.686, allowed the claim of the applicants. 5. Learned counsel for the petitioner had informed this court that a similar matter involving similar issue was pending for decision in L.P.A. No. 163 of 2006 preferred by the Railways. We called for the records of that case and it transpires that the said appeal was dismissed for default on 18th November,2008. 6. On the other hand, learned counsel for the private respondents has placed reliance upon a judgment and order dated 15-1-2009 passed in C.W.J.C No. 12985 of 2008 ( The Union of India through the General Manager. E.C. Railway, Hajipur and others Vrs. Smt. Prem Lata Devi and others) to submit that similar stand of the Railways was not accepted by a Division Bench of this Court in the aforesaid case particularly, in view of another Division Bench 4 Judgment dated 5th August,2008 passed in C.W.J.C.No. 11259 of 2007 ( The Union of India and others Vrs. Mosst. Ram Sakhi Devi and others). 7. We have considered the relevant facts and the precedents considered by the Tribunal as well as those cited before us and we find no good reason to take a different view than what has been taken by the earlier Division Bench noticed above. Hence, we find no merit in this writ petition. It is accordingly dismissed but without costs. Patna High Court, Patna Dated the 9th July, 2010 NAFR Naresh ( Shiva Kirti Singh, J.) ( B.P. Verma, J )