- (1.) THIS is an application under Article 226 of the Constitution of India against order dated August 12, 2011 passed by the Central Administrative Tribunal, Calcutta Bench, in Original Application No. 663 of 2011.
(2.) THE employee concerned was a 'khalasi' in the Kanchrapara Workshop. He died on June 22, 1999 in harness. Before his death, he took the petitioner no. 1 in adoption on September 1, 1995. There was a suit in the court of the learned Civil Judge at Barrackpore, District � North 24-Parganas, inter alia, for declaration of the status of the petitioner no. 1. The suit was decreed on April 30, 2005 and it was held that the petitioner no. 1 is the adopted son of the deceased employee. In the year 2009, an application was made for compassionate appointment. The prayer was not considered. The matter was taken to the Central Administrative Tribunal.
(3.) BY the order impugned, the Central Administrative Tribunal disposed of the original application holding, inter alia, that the tribunal was not proper forum for interpretation of the Hindu Adoption and Maintenance Act, 1956. Being aggrieved, the petitioners, that is, the widow and the adopted son have come up before this Court. Mrs. Chaitali Bhattacharyya, learned advocate appears for the railway authorities and submits that subsequent to the order of the tribunal the Workshop Personnel Officer, Eastern Railway, Kanchrapara, rejected the claim of the writ petitioners on merits.;