- (1.) INSTANT petition is directed against the order of the Tribunal dt. 28.1.2014.
(2.) IT is certainly a very hard case where a widow approached the Tribunal in second round of litigation to claim compassionate allowance provided u/Rule 65 of the Railway Services (Pension) Rules, 1993 (Rules 1993) and that was declined by the Tribunal vide order impugned. The facts which we have gathered from the record and relevant for our consideration are that petitioner's late husband Ramji Lal who was appointed initially on casual basis and as per the records rendered 7 years 8 months of service. However, in a departmental enquiry he was held guilty and punished with the penalty of removal from service vide order dt. 27.10.1993 and the order of removal was never the subject matter of challenge, however, he died in February, 2000 and after his death, the petitioner filed application before the Railway Establishment claiming compassionate allowance u/R. 65 of the Rules 1993 but in the first round of litigation when he preferred OA -511/2012 that came to be disposed of by the Tribunal vide order dt. 11.12.2012 with the direction to the respondents to consider the case of the petitioner for grant of compassionate allowance in the light of rules and instructions prevailing at the time of passing of the order and on the date of removal from service of her late husband i.e. on 27.10.1993.
(3.) IN compliance of the Tribunal's order, the petitioner approached Railway Establishment to consider the claim for compassionate allowance but that was declined vide order dt. 28.1.2013 read with order dt. 11.2.2013 and that became the subject matter of challenge by filing OA before the Tribunal and after hearing the parties, the Tribunal was not inclined to grant relief prayed for invoking R. 65 of the Rules 1993 and the facts which prevailed for consideration was that the incumbent who served Railway Establishment for a period of 7 years and 8 months in disciplinary enquiry after holding guilty was removed from service on 27.10.1993 and order of punishment inflicted upon him was never the subject matter of challenge and he died on 28.2.2000 and in these seriatim of facts, the Tribunal was not inclined to consider and holding any substance in the application which the widow submitted in the office of the Railway Establishment claiming compassionate allowance invoking R. 65 of the Rules 1993.;