Authority: High Court of Judicature at Madras

Order Date: 15-07-2026

Case Overview

  • Petition: WP No. 1752 of 2024 and W.M.P No. 1802 of 2024 filed by Union of India (represented by the Principal Chief Personnel Officer, Southern Railway, Park Town, Chennai) under Article 226 of the Constitution of India.
  • Respondents: 1. Mrs. Suvarthamma, widow of Late Janardhana Rao, residing at No.12/11, 4th Street, Chigrinthapalayam, Korukkupet, Chennai-600 021; 2. The Registrar, Central Administrative Tribunal, Madras Bench, Chennai.
  • Background: Husband of the respondent, Late Mosanna, was a Southern Railway employee who died in service in 2001. The elder son of the deceased applied for and was granted a compassionate appointment in Southern Railway, joining as Group‑D on 09‑06‑2004 and serving for about 11 years before his death in 2016. Consequently, the respondent was receiving two family pensions – one for the death of her husband and another for the death of her elder son.
  • Subsequent Application: The respondent applied for a compassionate appointment for her younger son, Shri Venkata Koteswara Rao, who was about 35 years old at the time of his elder brother’s death. The Department rejected the application on 13‑08‑2019, stating that the younger son was neither infirm nor a dependent as defined by the Railways Rules, was not listed in the family composition register, and that the family was not in financial distress, already receiving two family pensions.
  • Legal Issue: Whether the Department’s rejection and the order of the Central Administrative Tribunal (CAT) dated 28‑02‑2023 (O.A. No.115 of 2020) were consistent with the scheme of compassionate appointment.
  • Court’s Reasoning: The Court observed that the compassionate appointment scheme is intended to mitigate the circumstances arising from the sudden death of an employee and is not meant to provide multiple appointments to the same family. However, the Court found that the Department’s decision and the CAT’s directions were contrary to the terms and conditions of the scheme, particularly given the procedural findings and the family’s pension status.

Final Outcome

  • The order impugned (CAT order dated 28‑02‑2023) is set aside.
  • The writ petition is allowed.
  • No costs are awarded.
  • The connected miscellaneous petition is closed.
  • Citation: 2026:MHC:2853.

Topics: Compassionate Appointment, Railway Employment