Chotelal Soren vs Eastern Railway

1
O.A./350/1686/2018


CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH, KOLKATA

O.A./350/1686/2018 Date of Hearing:- 25.09.2026.
Date of Order:- 07.10.2026.

Coram: Hon’ble Mr. Anindo Majumdar, Administrative Member.


Chotelal Soren,
Son of Late Budhan @ Budhan
Majhi, Residing at Village Khariyodih
P.O & P.S: Narayanpur, Dist- Jamtara,
State- Jharkhand, PIN- 815352.
………..Applicant
-Versus-

1. The Union of India, service through the Secretary,
Ministry of Railway, Railway Board, Rail Bhawan, New
Delhi- 110001.
2. The General Manager, Eastern Railway HQ, Fairlie
Place, Kolkata- 700001.

3. The DRM, Asansol Division, Asansol- 713301.

4. The PWI, Kalipahari, Eastern Railway, Asansol
Division- 713339.
……….Respondents

For the applicant(s) : Mr. Argha Chakraborty, Ms. P. Mondal
(Counsel).

For the respondent(s) : Mr. P. Maji (Counsel).
O R D E R.

Per: Mr. Anindo Majumdar, Administrative Member.
1. This matter is taken up by the Single Bench for disposal in
accordance with the order of the Hon’ble Chairman, CAT dated
10/09/2021 issued under Sub-Section (6) of Section 5 of the
Administrative Tribunals Act, 1985, and since no complicated question of
law is involved .
Digitally signed by Sambit Kumar Ganguly
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel
and Training, Phone=
df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c00de89,
PostalCode=700020, S=West Bengal, SERIALNUMBER=
Sambit Kumar 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b4e36f2e,
CN=Sambit Kumar Ganguly
Reason: I am the author of this document
Location:
Date: 2026.11.02 16:06:09+05'30'
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O.A./350/1686/2018


2 . The applicant has approached this Tribunal under Section 19 of the
Administrative Tribunals Act 1985, praying for the following relief(s):-
“ a) A direction upon the Respondent authorities to produce Service book/records of
Budhan, the deceased Railway employee and all other relevant records relating thereto.
b) A direction upon the Respondent authorities to grant settlement dues/terminal
benefits to the applicant with 8% interest on the total amount from the date of
entitlement to the actual date of payment within a stipulated time for deliberately
delaying payment.
c) Any other or further relief or reliefs which may be deemed fit and proper ” .

3. Heard Ld. Counsel for the parties and considered the material on
record.
4. The averments made by the Ld. Counsel for the applicant in his
pleadings are summarised below:-
4.1 The parents of the applicant had no children and that he was
adopted by late Budhan Soren and his wife, Smt. Barki Besra, by a
registered Deed of Adoption dated 06.08.2001.
4.2 The applicant was about ten years of age at the time of his adoption
and the adoption was performed in accordance with the customs
prevailing in the Santhal community.
4.3 The applicant has placed on record the said registered Deed of
Adoption. The deed describes Sri Budhan Soren as the adoptive father,
Smt. Barki Besra as the adoptive mother and the applicant, Chotelal Soren,
as their adopted son.
Digitally signed by Sambit Kumar Ganguly
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel
and Training, Phone=
df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c00de89,
PostalCode=700020, S=West Bengal, SERIALNUMBER=
Sambit Kumar 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b4e36f2e,
CN=Sambit Kumar Ganguly
Reason: I am the author of this document
Location:
Date: 2026.11.02 16:06:09+05'30'
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O.A./350/1686/2018


4.4 The deed further records that the adoption was performed in the
presence of villagers and the Gram Pradhan.
4.5 The adoptive father of the applicant was employed in the
Engineering Department of the Eastern Railway and was posted at
Raniganj under the P.Way establishment at Kalipahari and expired on
23.06.2008. The adoptive mother of the applicant, Smt. Barki Besra,
expired subsequently on 15.09.2012.
4.6 Neither his mother during her lifetime, nor he thereafter had
received the settlement dues/death benefits of the deceased Railway
employee. The applicant claims to have submitted representations to the
Railway authorities on several occasions, including on 11.03.2014,
08.04.2015, 07.12.2015 and 05.07.2017, but no decision on the same was
communicated to him.
5. The averments made by the respondents in their reply to the
Original Application are summarised below:-
5.1 Sri Budhan Manji, son of Babulal Manji, was employed as a
Trackman at Raniganj under the Senior Section
Engineer/P.Way/Kalipahari, Eastern Railway, Asansol Division. The said
Shri Budhan Manji was appointed on 16.04.1979 and expired while in
service on 23.06.2008.
5.2 The deceased employee was issueless and his widow, Smt. Barki
Besra, expired on 15.09.2012.
Digitally signed by Sambit Kumar Ganguly
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel
and Training, Phone=
df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c00de89,
PostalCode=700020, S=West Bengal, SERIALNUMBER=
Sambit Kumar 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b4e36f2e,
CN=Sambit Kumar Ganguly
Reason: I am the author of this document
Location:
Date: 2026.11.02 16:06:09+05'30'
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O.A./350/1686/2018


5.3 According to the service records and family declaration, the
deceased employee had declared his family to comprise of only himself
and his wife Smt. Barki Besra.
5.4 Letters were addressed to the widow of the deceased employee on
24.08.2008 and 30.05.2009 requesting her to furnish bank particulars and
other documents for settlement of the retiral/death benefits, but she did
not respond to such requests.
5.5 The applicant's claim of adoption cannot be accepted principally on
the ground that the deceased employee did not submit any particulars
regarding the alleged adoption between 2001 and his death in 2008.
5.6 The applicant's affidavit regarding the identity of Budhan Soren and
Budhan Manji is merely a self-declaration and that no such declaration
was submitted by the deceased employee during his lifetime.
5.7 The applicant did not disclose the alleged adoption in his earlier
representations and that, according to them, the Railway authorities came
to know of the alleged adoption only upon receipt of the present Original
Application.
Discussion.
6. The undisputed position emerging from the pleadings is that late
Budhan/Budhan Manji was an employee of the Eastern Railway and had
expired on 23.06.2008 while in service. It is also not in dispute that his
widow Barki Besra survived him but subsequently expired on 15.09.2012.
Digitally signed by Sambit Kumar Ganguly
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel
and Training, Phone=
df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c00de89,
PostalCode=700020, S=West Bengal, SERIALNUMBER=
Sambit Kumar 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b4e36f2e,
CN=Sambit Kumar Ganguly
Reason: I am the author of this document
Location:
Date: 2026.11.02 16:06:09+05'30'
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O.A./350/1686/2018


7. The main controversy is therefore not with regard to the
employment or death of the employee, but with regard to the status of the
applicant.
8. The applicant has relied upon a registered Deed of Adoption dated
06.08.2001. The document specifically describes Budhan Soren as the
adoptive father and Barki Besra as the adoptive mother and the applicant
as their adopted son.
9. The respondents have not averred that the registered Deed of
Adoption is forged or fabricated, nor have they placed before the Tribunal
any order of a competent Court declaring the adoption invalid. Their
principal objection is that the adoption was not reflected in the service
records of the deceased employee.
10. However, the service record cannot, by itself, determine the civil
status of a person claiming to have been legally adopted, particularly when
a registered Deed of Adoption was executed several years before the death
of the employee has been produced.
11. The respondents themselves state that the settlement benefits of the
deceased employee could not be disbursed after his death. They further
state that letters were addressed to his widow in 2008 and 2009 seeking
documents and bank particulars, but that she did not respond to the said
letter. More significantly, the respondents have placed on record a
communication dated 04.04.2019 from the Senior Section
Engineer/P.Way, Kalipahari, seeking guidance regarding settlement of the
death benefits in favour of the heir of the deceased employee.
Digitally signed by Sambit Kumar Ganguly
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel
and Training, Phone=
df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c00de89,
PostalCode=700020, S=West Bengal, SERIALNUMBER=
Sambit Kumar 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b4e36f2e,
CN=Sambit Kumar Ganguly
Reason: I am the author of this document
Location:
Date: 2026.11.02 16:06:09+05'30'
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O.A./350/1686/2018


12. Thus, even according to the respondents' own case, the settlement
dues remained unsettled for a considerable period after the death of the
employee.
13. The Railway Services (Pension) Rules, 1993 contain specific
provisions governing family pension and related benefits. Rule 75 deals
with the Family Pension Scheme for Railway servants and the definition of
“family” includes legally adopted children subject to the conditions
prescribed by the Rules.
14. I find that the following issues need to be clarified by the applicant:-
(i) The registered adoption deed exceeds the name of the adoptive
father of the applicant is recorded as Budhan Soren, whereas the Railway
service records refer to Budhan Manji. The respondents have specifically
highlighted this discrepancy.
(ii) The adoption deed of the applicant describes him to be of about 10
years of age. However, the year of birth of the applicant as recorded in his
Aadhar Card and EPIC Card is 1988 and 1990 respectively. As such, the age
of the applicant as recorded in the Adoption deed (i.e, about 10 years) is at
variance with his age as recorded in his Aadhar & EPIC card. While this
factual discrepancy alone by itself cannot invalidate his adoption,
nevertheless this needs to be addressed by the applicant.
15. In view of the foregoing discussion, the Original Application is
disposed of with the following directions:-
(i) Respondent No. 3, namely the Divisional Railway Manager, Asansol
Division, or any competent authority duly authorised by him, shall
Digitally signed by Sambit Kumar Ganguly
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel
and Training, Phone=
df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c00de89,
PostalCode=700020, S=West Bengal, SERIALNUMBER=
Sambit Kumar 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b4e36f2e,
CN=Sambit Kumar Ganguly
Reason: I am the author of this document
Location:
Date: 2026.11.02 16:06:09+05'30'
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O.A./350/1686/2018


examine and decide the applicant's claim for settlement/terminal/death
benefits of late Budhan Manji afresh.
(ii) While doing so, the competent authority shall consider the
registered Deed of Adoption dated 06.08.2001 along with all other
documents produced by the applicant and the service records produced by
the respondents.
(iii) The competent respondent authority shall specifically examine the
applicant's contention that Budhan Soren and Budhan Manji were one and
the same person and shall record a finding on the said issue on the basis of
the available records and such inquiry as may be undertaken by the said
authority.
(iv) The applicant shall be afforded an opportunity to produce any
further document which he may possess in support of his claim.
(v) The entire exercise shall be completed within a period of twelve
weeks from the date of receipt of a copy of this order.
(vi) In the event, the applicant is found to be entitled to any
settlement/terminal/death benefits under the applicable Railway Rules,
the admissible amount shall be calculated and paid to him expeditiously
thereafter, subject to completion of necessary formalities.
(vii) In case the claim is rejected of the applicant, wholly or partly, the
competent authority shall communicate the same to the applicant by way
of a reasoned and speaking order within a period of twelve (12) weeks
from the date of receipt of a copy of this order.
Digitally signed by Sambit Kumar Ganguly
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel
and Training, Phone=
df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c00de89,
PostalCode=700020, S=West Bengal, SERIALNUMBER=
Sambit Kumar 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b4e36f2e,
CN=Sambit Kumar Ganguly
Reason: I am the author of this document
Location:
Date: 2026.11.02 16:06:09+05'30'
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O.A./350/1686/2018


16. With the above directions, the Original Application is accordingly
disposed of without any order as to costs.
(Anindo Majumdar)
Administrative Member
//SKG//

Digitally signed by Sambit Kumar Ganguly
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel
and Training, Phone=
df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c00de89,
PostalCode=700020, S=West Bengal, SERIALNUMBER=
Sambit Kumar 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b4e36f2e,
CN=Sambit Kumar Ganguly
Reason: I am the author of this document
Location:
Date: 2026.11.02 16:06:09+05'30'
Foxit PDF Reader Version: 2024.3.0
Ganguly