Headline: Widow has a prior and superior right to compassionate appointment over the deceased employee's sister.

The applicant, Pooja Rajpoot, is the widow of Late Anoop Singh, a regular employee of North Central Railway who was kidnapped/disappeared in October 2014

Following his death, the Tribunal, via order dated 30.06.2025, directed the railway administration to grant her compassionate appointment

Respondent No. 3 (the deceased’s sister, Sadhana Rajpoot) filed a Recall Application (M.A. No. 4626/2025) alleging she was never served notice of the original proceedings due to a wrong address provided by the applicant

She further alleged that the applicant was involved in her husband's kidnapping and used a forged death certificate to secure the order

The matter reached the Hon’ble High Court, which permitted Respondent No. 3 to file a recall application before the Tribunal to determine if notice was served

1. Whether the order dated 30.06.2025 should be recalled on the grounds of non-service of notice to Respondent No. 3

2. Whether the sister of a deceased employee has a superior or equal claim to compassionate appointment over the widow

The Tribunal relied on Section 27 of the General Clauses Act, 1897, which creates a presumption of service if a notice is sent to the correct address by registered post

It also referenced Section 114 of the Indian Evidence Act, 1872, regarding the presumption of official acts

The court applied the settled legal principle regarding compassionate appointment priorities where the wife/widow holds the primary right over other dependents

It also interpreted R.B.E. No. 87/2007, clarifying that the right of a nominee or other family members is subordinate when a widow is available and eligible

The Court examined the office report dated 08.05.2024, which confirmed that notice was dispatched to Respondent No. 3 via registered post and was not returned "unserved," thereby satisfying the legal requirement for service under the General Clauses Act

Regarding the merits, the Tribunal noted that even if Respondent No. 3 were heard, the legal hierarchy for compassionate appointment favors the widow

The Court found that Anoop Singh died as a regular employee after completing his training; consequently, his widow possesses the first right to appointment

The allegations of conspiracy and forgery raised by the sister were deemed insufficient to override the widow's statutory priority, especially since the criminal trial regarding the kidnapping/death was still pending and no conviction existed against the widow

The Court concluded that the sister’s claim, supported by the mother of the deceased, could not supersede the widow's primary entitlement

The Recall Application (M.A. No. 4626/2025) was rejected, and the previous direction to the respondents to consider the widow for appointment within three months was upheld