RUMA MITRA vs EASTERN RAILWAY

1 o.a.350.00154.2023

CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH, KOLKATA

No. O.A. 350/00154/2023 Heard on 16.09.2026
Date of order: 09.10.2026

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

RUMA MITRA wife of Late Basab Mitra, ex- TC
'A'/HWH, aged about 53 years, residing at 23/F,
Rupnarayan Nandan Lane, Kolkata- 700025.

…….. Applicant.
- V E R S U S –

1. UNION OF INDIA service through the General
Manager, Eastern Railway, Office at 17, Netaji
Subhas Road, Fairlie Place, Kolkata-700001.

2 Principal Chief Personnel Officer, Eastern
Railway, Office at 17, Netaji Subhas Road, Fairlie
Place, Kolkata-700001.

3. Divisional Railway Manager, Howrah Division,
Eastern Railway, office at DRM Building, Howrah
Station, Howrah-711101
4. The Senior Divisional Commercial Manager,
Howrah Division, Eastern Railway, office at DRM
Building, Howrah Station, Howrah- 711101

5. The Senior divisional Personnel Officer,
Howrah Division, Eastern Railway, office at DRM
Building, Howrah Station, Howrah-711101

6. The Assistant Personnel Officer (3), Howrah
Division, Eastern Railway, office at DRM
Building, Howrah Station, Howrah-711101

……. Respondents.

Digitally signed by DhanuRam Hansda DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel
and Training, Phone=
ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515,
DhanuRam PostalCode=700020, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71,
CN=DhanuRam Hansda
Reason: I am the author of this document Location:
Date: 2026.11.03 16:26:38+05'30'
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2 o.a.350.00154.2023

For the Applicant : Mr. A. Datta, Counsel

For the Respondents : Mr. A.K. Chattopadhyay, Counsel


O R D E R

In accordance with the order of the Hon’ble Chairman, Central
Administrative Tribunal, dated 10.09.2021 issued under Sub -Section (6) of
Section 5 of the Administrative Tribunals Act, 1985, this matter can be taken
up by a Bench consisting of a single member. Accordingly, this matter is taken
up for disposal by this Single Bench.
2. The applicant is the widow of Late Basab Mitra (Ex-Ticket Collector
‘A’/Howrah). She has approached this Tribunal under Section 19 of the
Administrative Tribunal Act, 1985, seeking the following relief(s):
“ 8.1 An order do issue quashing and/ or setting aside the impugned speaking
order dated 11.11.2020

8.2 An order do issue directing the respondent authorities to sanction
compassionate allowance in terms of railway board's letter vide F(E) III 2003/PNI/5
dated 04.11.2008 keeping in view the conditions enshrined therein and
parameters laid down by Hon'ble Supreme Court in grant of compassionate
allowance.

8.3 Show cause in terms of prayer 8.1 and 8.2 8.3 and after hearing the cause
make the rule absolute.

8.4 A direction as to costs of the proceedings to the applicants;

8.5 Any further order or orders, direction or directions as the Hon'ble tribunal
may deem fit and proper for the ends of justice.”

Facts of the case:
3. The facts of the case, are summarized below:
Digitally signed by DhanuRam Hansda DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel
and Training, Phone=
ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515,
DhanuRam PostalCode=700020, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71,
CN=DhanuRam Hansda
Reason: I am the author of this document Location:
Date: 2026.11.03 16:26:38+05'30'
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3 o.a.350.00154.2023

3.1 Late Basab Mitra had joined Railway service as Ticket Collector 'A' at
Howrah on 03.03.1987. He was promoted to the post of Senior Ticket
Examiner (Sr. TE/HWH) 16.09.2000 to 21.12.2006 .
3.2 Disciplinary proceedings under Rule 9 of the Railway Servants
(Disciplinary & Appeal) Rules, 1968, were initiated against him. He was
removed from service on the ground of unauthorized absence “without any
pensionary benefit” on 21.12.2006. Shri Basab Mitra did not prefer any
statutory appeal against his removal order during his lifetime. He expired on
21.01.2009 leaving behind his widow (applicant), two minor sons, and elderly
parents.
3.3 The Railway Board had issued RBE No. 164/2008 (F(E)III/2003/PN1/5)
dated 04.11.2008, modifying earlier instructions and permitting review of past
cases for grant of Compassionate Allowance under Rule 65 of the Railway
Services (Pension) Rules, 1993, provided no specific decision had been taken
on Compassionate Allowance at the time of dismissal/removal.
3.4 The applicant had submitted representations dated 15.02.2011 and
20.12.2011 seeking grant of Compassionate Allowance and Family Pension
owing to severe financial distress.
3.5 The applicant had also made a claim before the Pension Adalat. The
Pension Adalat had however rejected her claim on the ground that specific
orders of removal without pensionary benefits had already been passed
07.12.2011.
Digitally signed by DhanuRam Hansda DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel
and Training, Phone=
ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515,
DhanuRam PostalCode=700020, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71,
CN=DhanuRam Hansda
Reason: I am the author of this document Location:
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4 o.a.350.00154.2023

3.6 The applicant had filed an Original Application before this Tribunal being
O.A. No. 1325 of 2015 which was disposed of by the order of this Tribunal
dated 14.09.2015 with direction upon the respondent authority to consider
the matter in accordance with law (Annexure A/5) .
Pursuant to the aforesaid direction, the Sr. Divisional Commercial
Manager, Eastern Railway. However, passed an order dated 11.11.2015
(Annexure A/6) whereby the representation of the applicant dated
20.12.2011 was rejected. Aggrieved by the said order the applicant had filed
an Original Application being O.A. No. 2067/2015 which was disposed of by
the Tribunal vide order dated 25.01.2016 (Annexure A/7) whereby the order
dated 11.11.2016 was quashed and the matter was remanded back to the
respondent authority to pass a reasoned and speaking order in terms of RBE
No. 164/2008. However, the Sr. Divisional Commercial Manager, Eastern
Railway, Howrah vide his order dated 08.04.2016 (Annexure A/8) once again
rejected the prayer of the applicant.
3.7 The Applicant had thereafter filed O.A. No. 896 of 2016 which was
disposed by this Tribunal vide order dated 26.09.2019 (Annexure A/9)
whereby the Order dated 08.04.2016 was quashed on the ground that the
employee's delinquency was unauthorized absence (not an act of moral
turpitude or dishonesty) vide the said order the matter was remanded back to
the Respondent Authority to review the earlier decision.
Digitally signed by DhanuRam Hansda DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel
and Training, Phone=
ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515,
DhanuRam PostalCode=700020, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71,
CN=DhanuRam Hansda
Reason: I am the author of this document Location:
Date: 2026.11.03 16:26:38+05'30'
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5 o.a.350.00154.2023

3.8 The Railway Authority challenged the Tribunal’s order before the
Hon'ble High Court at Calcutta in WPCT No. 40 of 2020. The said WPCT was
disposed of by the Hon’ble High Court with the following directions:
“ On such consideration, we dispose of this writ petition by directing the authority
concerned to revisit the issue and to keep the earlier speaking order in abeyance till
such issue is revisited by the authority concerned. We feel that since the husband of
the petitioner has worked in the Railway Authority for sometime and the widow is
not in fault at all, the disciplinary authority may reconsider the issue
sympathetically. The disciplinary authority shall revisit the issue within a period of
three months from date with due sympathy to the widow and till the reasoned
decision is communicated to the widow, the speaking order shall be kept in
abeyance. ”
3.9 Pursuant to the above directions of the Hon’ble High Court, the Sr.
Divisional Commercial Manger (Respondent No. 4) had passed the impugned
Speaking Order dated 11.11.2020 whereby the prayer of the applicant was
rejected.
3.10 A Contempt Petition (CPAN 348/2021) filed by the applicant before the
Hon’ble High Court at Calcutta was dismissed on 29.07.2022 with the explicit
observation of the Hon’ble High Court that dismissal of the contempt petition
would not preclude the applicant from taking appropriate steps in accordance
with law. The Applicant has accordingly filed the instant Original Application.
Hearing
4. Heard the Ld. Counsel for both the parties and considered the material
on record.
Digitally signed by DhanuRam Hansda DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel
and Training, Phone=
ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515,
DhanuRam PostalCode=700020, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71,
CN=DhanuRam Hansda
Reason: I am the author of this document Location:
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6 o.a.350.00154.2023

5. At hearing, the submissions of the Ld. Counsel for the applicant are
summarized below:
5.1 The impugned order dated 11.11.2020 is a mechanical reiteration of the
earlier rejection orders dated 11.11.2015 and 08.04.2016.
5.2 The Disciplinary Authority has completely ignored the parameters
established by the Hon'ble Supreme Court in Mahinder Dutt Sharma v. Union
of India & Ors. (2014) 11 SCC 684 , wherein it was held that unless the
misconduct involves moral turpitude, dishonesty, acts aimed at personal gain,
or treachery, compassionate allowance under pension rules should be
affirmatively considered.
5.3 The deceased employee had rendered over 19 years of service prior to
his removal, and the family has been in extreme poverty since his demise.
6. At hearing, the submissions of the Ld. Counsel for the respondents are
summarized below:
6.1 As per Rule 65 of the Railway Services (Pension) Rules, 1993 and Railway
Board Circular RBE No. 164/2008, Compassionate Allowance is a discretionary
grant.
6.2 The ex-employee was removed for prolonged unauthorized absence of
over six years, which is a gross misconduct. Furthermore, the original removal
order dated 21.12.2006 explicitly stipulated removal "without any pensionary
benefit" , which constitutes a specific decision not to grant compassionate
Digitally signed by DhanuRam Hansda DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel
and Training, Phone=
ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515,
DhanuRam PostalCode=700020, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71,
CN=DhanuRam Hansda
Reason: I am the author of this document Location:
Date: 2026.11.03 16:26:38+05'30'
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7 o.a.350.00154.2023

allowance. Accordingly, review of the matter is barred under RBE No.
164/2008 and accordingly the impugned order of the Sr. Divisional
Commercial dated 11.11.2020 was passed by the respondent authority.
Findings
7. The main question for adjudication is whether the Disciplinary
Authority, while issuing the impugned Speaking Order dated 11.11.2020, had
correctly evaluated the claim for Compassionate Allowance within the legal
framework of Rule 65 of the Railway Services (Pension) Rules, 1993, RBE No.
164/2008, and binding judicial precedents.
8. The legal position governing the grant of Compassionate Allowance in
cases of dismissal/removal is well settled by the Hon’ble Supreme Court in
Mahinder Dutt Sharma v. Union of India & Ors. (2014) 11 SCC 684 .
9. The Hon’ble Apex Court, in Mahendra Dutt Sharma vs. Union of India
and Others (Supra) has observed that compassionate allowance cannot be
granted to an employee who has been dismissed or removed from service on
grounds of moral, turpitude, act of dishonesty towards his employer, an act
designed for personal gains from the employer, an act of fraud or corruption,
an act aimed at deliberately hurting third party interest etc. In the instant
case, the applicant was charged with misconduct resulting from absence from
duty and not on account of the grounds mentioned above. After the said
charge of misconduct was established during a Departmental Inquiry, the
Digitally signed by DhanuRam Hansda DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel
and Training, Phone=
ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515,
DhanuRam PostalCode=700020, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71,
CN=DhanuRam Hansda
Reason: I am the author of this document Location:
Date: 2026.11.03 16:26:38+05'30'
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8 o.a.350.00154.2023

major penalty of removal from service was imposed upon the applicant. The
applicant is therefore entitled to grant of compassionate allowance.
10. Para (iv) of RBE No. 164/2008 states that award of compassionate
allowance should not be considered if the railway servant has been dishonest,
which was a ground for his removal/dismissal. In the instant case, the ground
for removal of the applicant from service was his misconduct arising from his
unauthorised absence from duty which was established during the
Departmental enquiry. The applicant was not removed from service on
grounds of dishonesty' or corruption.
11. The applicant was not removed from service on account of his having
committed grave offences like moral turpitude, dishonesty fraud, corruption,
profiteering etc. Moreover, the applicant had not been charged with action
which can be considered as depraved, perverted, wicked and treacherous. The
applicant is, therefore, entitled to the grant of compassionate allowance.
12. The Hon’ble High Court at Calcutta in its order dated 24.08.2020 in
WPCT 40/2020 has explicitly observed:
“ ...we feel that since the husband of the petitioner has worked in the Railway
Authority for sometime and the widow is not in fault at all, the disciplinary
authority may reconsider the issue sympathetically... "

13. A perusal of the impugned Speaking Order dated 11.11.2020 reveals
that the Senior Divisional Commercial Manager, Howrah, has completely
disregarded these observations made by the Hon’ble Apex Court. Instead of
Digitally signed by DhanuRam Hansda DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel
and Training, Phone=
ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515,
DhanuRam PostalCode=700020, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71,
CN=DhanuRam Hansda
Reason: I am the author of this document Location:
Date: 2026.11.03 16:26:38+05'30'
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9 o.a.350.00154.2023

recognizing the absence of moral turpitude or dishonesty and corruption as
the ground for removal from service of the husband of the applicant, his past
service on nearly 19+ years, and the extreme penury of the widow (the
applicant) and her family, the authority has merely repeated the ground of
misconduct i.e. unauthorized absence from duty for 6 years to deny relief to
the applicant. This approach amounts to an arbitrary exercise of power and a
complete non-application of mind on the part of the Sr. Divisional Commercial
Manager, Eastern Railway, Howrah (Respondent No. 4).
14. In view of the above discussion, the impugned Speaking Order dated
11.11.2020 passed by Senior Divisional Commercial Manager, Eastern Railway,
Howrah (Respondent No. 4) is hereby quashed and set aside.
Respondent No. 4 or any other competent respondent Authority is
directed to sanction Compassionate Allowance in favor of the applicant in
terms of Rule 65 of the Railway Services (Pension) Rules, 1993 read with
Railway Board Letter dated 04.11.2008 (RBE No. 164/2008) w.e.f. the
admissible date.
Consequential monetary benefits, including arrears of Compassionate
Allowance / Family Pension as applicable under the rules, shall be computed
and released to the applicant within a period of three (03) months from the
date of receipt of a certified copy of this order.
Digitally signed by DhanuRam Hansda DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel
and Training, Phone=
ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515,
DhanuRam PostalCode=700020, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71,
CN=DhanuRam Hansda
Reason: I am the author of this document Location:
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10 o.a.350.00154.2023

15. The Original Application is accordingly allowed without any order as to

cost.


(Anindo Majumdar)
Administrative Member
drh



Digitally signed by DhanuRam Hansda DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel
and Training, Phone=
ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515,
DhanuRam PostalCode=700020, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71,
CN=DhanuRam Hansda
Reason: I am the author of this document Location:
Date: 2026.11.03 16:26:38+05'30'
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Hansda