Facts
The applicant’s mother, a Class-IV Waiting Room Attendant under North Eastern Railway, died in harness on June 27, 2024, after serving since 1991
Source reference: p. 2, para. 3Following the demise, the applicant submitted representations dated July 15, 2024, and January 31, 2026, seeking compassionate appointment to alleviate the family's financial distress
Source reference: p. 2, para. 3The applicant’s siblings submitted "no-objection" affidavits in her favor, and she provided secondary education credentials to support her claim
Source reference: p. 3, para. 3The applicant approached the Tribunal seeking a direction to the respondents to decide her pending representations within a stipulated timeframe
Source reference: p. 2, para. 2Issues
1. Whether the respondent authorities are obligated to consider and decide the applicant's pending representations regarding compassionate appointment in a time-bound manner
Source reference: p. 3, para. 4Law Applied
The court applied the administrative principle of "reasoned and speaking orders," which mandates that competent authorities must address grievances and representations submitted by employees (or their dependents) by passing a formal, logical, and written decision
Source reference: p. 4, para. 7the court relied on the North Eastern Railway’s internal policy and rules governing compassionate appointments, which establish the criteria for providing relief to the dependents of deceased employees
Source reference: p. 2-3, para. 3Reasoning
The Tribunal noted the limited nature of the prayer, observing that the applicant was not seeking an immediate merit-based judgment on the right to appointment, but rather a direction for administrative action
Source reference: p. 3, para. 4Since the representations had been pending since 2024 and 2026 without a final decision, and given that the respondents’ counsel expressed no objection to a time-bound disposal, the Tribunal determined that the ends of justice would be met by compelling the authorities to act
Source reference: p. 3, para. 5-6The court refrained from evaluating the merits of the applicant’s eligibility under the compassionate appointment scheme, leaving that determination to the discretion of the Railway authorities
Source reference: p. 3, para. 6Holding
The Tribunal disposed of the Original Application without costs, directing the Respondent Authority to decide the applicant’s representations dated July 15, 2024, and January 31, 2026
The court ordered the issuance of a reasoned and speaking order within one month from the date of receipt of the certified copy of the judgment
Source reference: p. 4, para. 7Original Court PDF
Subhawati DevivsNORTH EASTERN RAILWAY
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