- (1.) These three writ petitions have been preferred by the Union of India, East Central Railway, Dhanabad, challenging three separate orders passed by the Central Administrative Tribunal, Circuit Sitting of Patna Bench at Ranchi, dated 16th July,2007 and 20th July,2009 passed in O.A. Nos. 256 of 2005, 61 of 2006 and 60 of 2006, whereby the Central Administrative Tribunal (in short 'CAT') allowed the said Original Applications and held that the child of second wife of employee (married during the life time of first wife) also is entitled for compassionate appointment.
(2.) Facts of one case will serve the purpose for deciding all these writ petitions. In O.A. No. 256 of 2005, Shankar Thakur and Tukni Devi submitted that Shankar Thakur is the son of the deceased employee working under the Railways and applicant No. 2 is the wife of the deceased employee. It is not in dispute that deceased employee married with Tukni Devi while his first wife was alive. The first wife was issueless and applicant No. 1 Shankar Thakur was born through the second wife. After the death of the employee , the first wife of the deceased employee applied before the Respondent(Petitioner herein) for appointment of the applicant No. 1 on compassionate ground whereas he was son of second wife of the employee. The said prayer was rejected by the Respondent vide communication dated 18th July, 2005 (Annexure-A/8 filed alongwith O.A.). The prayer was rejected on the ground that in view of the Railway Board circular No. E(NC)/II/91/RC-1/136 dated 2nd January, 1992, the child of second wife cannot be given compassionate appointment.
(3.) The learned Tribunal relying upon two Division Bench judgments of Patna High Court, delivered in the case of Union of India and Ors. v. Central Administrative Tribunals,2002 2 PLJR(SC) 686 and Purushottam Kumar v. State of Bihar,2005 3 PLJR(SC) 458 held that rejection of the prayer of the Appellant in those cases for compassionate appointment to child of second wife of employees were illegal and, therefore, the Respondents were directed to reconsider the cases of the applicants, who sought compassionate appointment.;