Court No. - 34
Case :- WRIT - A No. - 10935 of 2021 Petitioner :- Ram Nath Ram Respondent :- Union Of India And Another Counsel for Petitioner :- Ram Kishun Misra,Nitya Nand Counsel for Respondent :- Rajnish Kumar Rai
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and Sri Rajnish Kumar Rai learned counsel for the respondents.
The petitioner admittedly was dismissed by the respondents. His challenge to that order of dismissal before the Calcutta High Court failed in terms of the judgment rendered on that petition by the Court on 23 March 2010. That judgment was affirmed in Appeal and the Special Leave Petition taken by the petitioner also came to be dismissed on 15 September 2017. The petitioner however places reliance upon Rule 65 of the Railway Services (Pension) Rules 1993 in terms of which he submits that the petitioner would be entitled to claim compassionate allowance notwithstanding his dismissal and removal from service. He has also placed reliance on a Circular letter of 04 November 2008 in this respect.
Sri Rai learned counsel representing the second respondent states that subject to verification of all facts and contentions on merits being kept open, in case the petitioner were to submit a detailed representation in support of the prayer as noted above within a period of three weeks from today, the same shall be duly examined and a final decision communicated with expedition and preferably within a period of four months therefrom.
Accordingly and without going into the merits or otherwise of the claim of the petitioner, this petition shall stand disposed of in light of the statement noted above.
Order Date :- 24.9.2021/Faraz