IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.4307 OF 2008 (Arising out of SLP(C) No.18571/2006)

  RITA RANI .... APPELLANT.

VERSUS

UNION OF INDIA & ORS. .... RESPONDENTS.

O R D E R

Delay condoned.

Leave granted.

Heard learned counsel for the appellant and learned Additional

Solicitor General appearing for the Union of India.

The appellant is the wife of Subeg Singh who joined service as a

Khalasi (Helper) in the Northern Railways in 1984.  Subeg Singh was served

with  a  charge  sheet  on  7.7.1995  and he  filed  his  explanation  and after

departmental enquiry on 17.11.1995 he was removed from service. Subeg

Singh challenged the order before the Central Administrative Tribunal and

the O.A. was dismissed.  The present appellant submitted that her husband

Subeg Singh filed appeal on 10.9.1996 but the respondent Railways does

not admit that the appeal had been filed by Subeg Singh.  Subeg Singh died

on 15.8.2000.  The present appellant filed an application before the Central

Administrative Tribunal for pension but that was rejected.  She challenged

that order before the High Court by way of writ petition and that was also

dismissed on the ground that Subeg Singh had not challenged the order of

removal from service  by

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way  of  an appeal.  It appears  that Subeg Singh could not pursue the appeal

as he had passed away during that time.  Anyway we are not very much

concerned with the validity of his removal.

It  is  pointed  out  by  the  appellant's  counsel  that  two  other

employees,  who  were  prosecuted  for  disciplinary  proceeding  along  with

Subeg Singh,  were  later  reinstated  in  service  and  on  going  through  the

charges framed against him, it appears that the charge against Subeg Singh

was that he had threatened the Superintendent.  That apart there was no

other charge against him.  He had served for more than 10 years, when he

was removed from service.

In  the  facts  and  circumstances,  we  direct  the  respondent-

Railways to consider whether the appellant herein would be entitled to get

any pension on compassionate ground.  The matter may be considered and

appropriate orders may be passed within a period of three months by the

appropriate authority.

The appeal is disposed of accordingly.  No costs.

     .......................CJI  (K.G. BALAKRISHNAN)

.......................J  (P. SATHASIVAM)

.......................J  (J.M. PANCHAL)

NEW DELHI; JULY 10, 2008.