- (1.) Heard Sri Alok Kumar Mishra, learned counsel for the petitioners, Sri Neerav Chitravanshi, learned Standing ounsel for opposite parties and perused the record.
(2.) Sri Alok Kumar Mishra, learned counsel for the petitioners/ claimants submits that bread earner of the families of the petitioners/ claimants, namely, Anil Kumar Mishra, Ayodhya Sharan Mishra and Raghav Sharan Mishra were travelling on 20.3.2015 in Janta Express having Train No.14266 met an accident near Bachrawa railway station as a result of which they died . Thereafter a sum of Rs. 4.00 lakhs on account of death of passengers in railway accident as per prevalent scheme has already been paid to all the kith and kin of the deceased. Apart from it a sum of Rs. 2.00 lakhs were also received by the kith and kin of the deceased from Chief Minister Relief Funds.
(3.) Learned counsel for the petitioners further submits that under Right to Information Act, the petitioners/ claimants came to know that in one accident occurred with Kalka Mail in the year 2011, the Railway Board under Special Circumstances gave compassionate appointment to kith and Kin as substitute in Group 'D' posts in Railway, so they submitted an application before the authorities concerned for considering their case for compassionate appointments. When the same has not been considered by the authorities concerned, petitioner no.1/ Anil Kumar Mishra had filed Writ Petition No.18958 (SS) of 2016 ( Anil Kumar Mishra Vs. Union of India and others ) and petitioner no.2/ Ayodhya Sharan Mishra had filed Writ Petition No.18976 (SS) of 2016( Ayodhya Sharan Mishra Vs. Union of India and others) before this Court, the same were dismissed by order dated 12.8.2016 which on reproduction reads as under:- "Heard learned counsel for the petitioner and Ms. Jyotsna Pal, learned counsel for respondents. By means of this petition, the petitioner seeks a direction in the nature of mandamus to be issued to respondents to consider the case of the petitioner for appointment on special compassion against a suitable post. It has been contended by learned counsel for petitioner that the petitioner's father, namely, Ram Sajiwan Mishra died in a rail accident which occurred in the year 2015 while he was travelling in Janta Express from New Delhi to Raebareli. He has also stated that in case of another rail accident which occurred in the year 2011, various passengers who were travelling in Kalka Mail had died and their dependents have been given appointment as substitute Group D employees. Such appointments are 47 in number, as is apparent from perusal of letter dated 06.04.2016, which has been annexed as annexure no.6 to the writ petition. It has strenuously been contended by learned counsel for the petitioner that denial of employment to the petitioner will amount to violation of Article 14 of the Constitution of India which not only provides that there shall be equality before law but also that there will be equal protection of law. Submission of learned counsel for petitioner in nutshell is that since dependents of the deceased passengers of Kalka Mail which met an accident in the year 2011 were given appointment by the railways on special compassion basis, as such denial of such employment to the petitioner will amount to violation of Article 14 of the Constitution. Learned counsel for the petitioner has utterly failed to show or establish that there is any such scheme which is in vogue under which appointments in such circumstances are permitted. Some appointments might have been made on special compassion basis on the discretion which may have been exercised by the railways, looking into the nature of accident and the death occurred as a result of such accident. The petitioner cannot, in my considered opinion, claim as a matter of right, any such employment as is being claimed by him. The plea of right to be considered for appointment as a dependent of the victim of rail accident on the basis of Article 14 of the Constitution is also not available to the petitioner. The writ petition being highly misconceived is dismissed.";