Sheela Devi vs Union Of India & Ors Through

The brief facts of the case are that the father of the applicant Shri Ram Sewak Singh was working as Chowkidar with the respondents. As he was not keeping good health, he was invalidated from service after which he submitted an application for retirement which was accepted and he retired from service on 18.06.2011.

Thereafter he made a request to the respondents that his younger daughter Smt. Sheela Devi (applicant in the present OA) be given appointment on compassionate grounds. No action was taken on his request following which the father of the applicant Shri Ram Sewak Singh ,along with the applicant Smt. Sheela Devi, filed OA No. 662/2012, which was decided on 29.02.2012 with the following directions:-

"4. I find force in the applicants' contentions. These do not involve consideration of the case on merits. What has merely been sought is a direction to the respondents to consider and decide the applicants request to which there may not be any plausible objection. Accordingly, this Application is disposed of at the admission stage by issuing directions to the respondents to consider and decide the applicantsclaim for compassionate appointment of her daughter, applicant no.2, in accordance with the rules and inform the applicants of their decision through a reasoned and speaking order within a period of three months from the date of receipt of a certified copy of this order. Needless to say that there is no fetter on the powers of the respondents. It will be open to them to take such decision as they think fit and proper in the facts and circumstances of the case in accordance with the applicable rules on the subject."

In compliance of the order passed in OA No.662/2012, the respondents passed an order dated 18.04.2012 stating that no case was made out for appointment of Smt. Sheela Devi on compassionate grounds.

2.1 Aggrieved by this order, the father of the applicant made a representation dated 24.12.2013 requesting the respondents to reconsider the case of his daughter for appointment on compassionate grounds. As no action was taken by the respondents, the father of the applicant in the present OA, Shri Ram Sewak Singh along with Smt. Sheela Devi (the applicant in this OA) filed OA No. 924/2014 before this Tribunal in which on 13.02.2015, the following order was passed:-

"8. As observed earlier, the applicant No.1 is a low paid employee who was a Chowkidar which is the lowest paid post of the railway department. In view of the above position, in my considered view, the impugned order has been passed without proper application of mind and without considering the penury situation of the applicants. I, therefore, quash and set aside the same and direct the respondents to reconsider the case of applicant No.2 in relaxation of rules. I also direct that the respondents shall place her case before the competent authority for consideration for relaxation of minimum prescribed qualification for appointment on compassionate ground. The respondents shall take appropriate decision in the matter under intimation to her within a period of two months from the date of receipt of a copy of this order. Accordingly, OA is disposed of. There shall be no order as to costs."

2.2 Thereafter the respondents passed an order dated 12.01.2016 whereby it has been decided that Smt. Sheela Devi may acquire minimum educational qualification of 8th pass at the earliest so that her case may be considered.

2.3 The applicant made a representation dated 11.02.2016, to the respondents requesting to grant appointment on compassionate grounds immediately and to allow her to acquire the minimum educational qualification within the period stipulated in railway instructions. In this representation, it is also mentioned that in the past the respondents have given appointment on compassionate grounds to many persons who were not even 5th pass and certain names were mentioned in this regard. In response to this representation, the respondents vide letter dated 25.02.2016 stated as follows:-

"Vide your application cited above, you have informed that few of the widows were appointed on CG who were not even class 5th pass. In this regard, it is informed that Railway Board vide its letter No. RBE 102/2012 dated 14.09.2012 instructed that the widow/wife not fulfilling the requirement of prescribed educational qualification, will be placed in PB Rs. 5200-20200+1800 directly without insisting on fulfillment of educational qualification norms. Hence, widows of ex-employees can be appointed on CG in Group-D GP-1800 even if they are illiterate.

As such you are once again advised to at least pass class 8th from and recognized school and submit the certificate of the same in this office for further necessary action".

2.4 In this background, the applicant has filed the present OA seeking the following reliefs:-

"(i) allow the OA; and

(ii) direct the respondents to appoint the applicant in PB Rs. 5200-20200+1800 on compassionate grounds, directly without insisting on fulfilment of educational qualification norms, as was done in the cases of widow/wife of deceased employees, by relaxing the rules with all consequential benefits; and

(iii) pass any other orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case".

2.5 In para-1 of the OA, the applicant has stated that she is aggrieved by the orders of the respondents dated 12.01.2016 and 24.02.2016. This OA has been filed mainly citing the following grounds:-

"i) The impugned orders are arbitrary and discriminatory;

ii) The order of this Tribunal dated 13.02.2015 is not being followed in true letter and spirit as the competent authority has not applied its mind;

iii) When relaxation can be given to a widow/wife under RBE 102/2012 dated 14.09.2012 requiring minimum educational qualification, the same cannot be denied to a married daughter.

In the counter reply, the respondents have averred that the applicant was only 5th pass but also does not have the certificate of the same. However, a lenient view has been taken in her case and she has been given an option to acquire minimum educational qualification of 8th pass at the earliest so that her case for appointment on compassionate grounds can be considered. As per Railway Board letter dated 09.12.2010, minimum educational qualification for appointment is class 10th or ITI equivalent. They have referred to certain orders of Railway Board issued in the year 2017 as per which the minimum educational qualification for appointment on compassionate ground is class 10th.

The applicant has filed a rejoinder more or less reiterating the points raised in the OA.

Shri Yashpal Rangi, learned counsel appeared on behalf of the applicant and Shri Satpal Singh with Ms. Neetu Mishra, learned counsels, appeared on behalf of the respondents.

Learned counsels for the two sides during the course of arguments further elaborated the points raised in the pleadings.

I have carefully gone through the pleadings on record and considered the arguments advanced by the learned counsels for the two sides.

The main point to be examined in the present OA is whether the impugned orders passed are in accordance with the order passed by this Tribunal in OA No.924/2014 and that they do not suffer from any legal infirmity.

For clarity the concluding portion of the order of the respondents dated 12.01.2016 is reproduced as follows:-

"Taking into consideration fresh orders of Hon'ble CAT/NDLS dated 13.02.2015 the competent authority made the decision that although the case had already been rejected it was decided that a sympathetic view be taken in the matter. The matter was thereby referred to HQ for relaxation of minimum prescribed qualification. Now, the case has been referred back to the Division stating that matter can be decided at level of Division.

Railway Board vide its letter no. E(NG)-II/2009/RR-1/10/Pt. dated 09.12.2010 has laid down that minimum education qualification for appointment over Railways is class 10th or ITI equivalent. However, in exceptional cases as per RBE No. 166/2011 grant of CGA may be considered as Trainee in I-S PB.

Traditionally in Delhi Divin minimum educational qualification of class 8th pass is required for I-S with the condition that such candidates have to acquire minimum educational qualification i.e. class 10th within a period of 5 years.

It is seen that Smt. Sheela Devi is 5th pass but does not have the certificate of the same. Taking a lenient view in the matter it has been decided by the competent authority that Smt. Sheela Devi may acquire minimum educational qualification of 8th pass at the earliest so that her CG appointment case for the post of Trainee may be considered".

As can be seen from the operative part of the judgment quoted above in Para-2.1 above, the directions of this Tribunal were to reconsider the case of the applicant No.2 in that OA (the sole applicant in the present OA) in relaxation of rules and that her case be placed before the competent authority for consideration for relaxation of minimum prescribed qualification for appointment on compassionate ground.

It can be seen that the minimum educational qualification for appointment in such cases is prescribed as class 10th. It has also been mentioned in the order dated 12.01.2016 that traditionally in Delhi Division minimum educational qualification of class 8th pass was required for I-S with the condition that such candidates had to acquire minimum educational qualification i.e. class 10th within a period of 5 years.

From a reading of this order, it can be seen that the matter was referred to HQ for relaxation of minimum prescribed qualification, which was referred back to the Division stating that the matter can be decided at level of Division. Thus, the order passed in OA No.924/2014 for placing the case of the applicant before the competent authority with regard to relaxation of minimum prescribed qualification has been complied with by the respondents.

The minimum educational qualification for appointment in such cases is prescribed as class 10th. The order also mentions that traditionally in Delhi Division minimum educational qualification of class 8th pass was required for I-S with the condition that such candidates had to acquire minimum educational qualification i.e. class 10th within a period of 5 years. It can be seen that the respondents have provided relaxation to the applicant by asking her to acquire the minimum educational qualification of class 8th pass whereas the prescribed minimum qualification is class 10th. There is also no stipulation of acquiring the minimum educational qualification of class 10th subsequently.

Thus, it cannot be said that the case of the applicant was not being considered by the respondents at the competent level. A reading of the impugned order dated 12.01.2016 at Annexure A-1 also makes it clear that not only was the case of the applicant considered but, in fact, she has also been provided certain amount of relaxation in minimum educational qualification.

As regards the contention of the applicant that in case of widows/wives, there is no requirement of minimum educational qualifications and accordingly the same should be applied in the case of the applicant suffice it to say that this aspect is governed by the instructions duly issued by the Railway Board. The instructions have not been challenged in the present OA. Hence any discussion on the same would be outside the scope of the present examination.

In view of the above, the present OA is without merit and the same is accordingly dismissed. No costs.