Allowed¶30

Rajiya Khatoon v. Union of India through General Manager Eastern Railway

Jharkhand HC10 Jul 2025MA/206/2024

Case brief

AI extract

What is this about?

Railway Claims Tribunal Ranchi Bench; restoration petition rejected without assigning reasons; O.A.(IIU)/RNC/80/2019; Case No. RES/RNC/0002/2020; Misc. Appeal No. 206 of 2024; dismissal on 04.02.2020 for counsel's non-appearance due to illness; order dated 10.08.2021 set aside; original application restored for decision on merit; Union of India through General Manager, Eastern Railway, Kolkata; claimant family from Sono, District Jamui, Bihar; appearance directed on 28.07.2025; appeal allowed.

What did the court decide?

Appeal allowed: order dated 10.08.2021 of the Railway Claims Tribunal, Ranchi Bench set aside; O.A.(IIU)/RNC/80/2019 restored to the Tribunal's file to be decided on merit in accordance with law; appellants and Railways' counsel directed to appear before the Tribunal on 28.07.2025. ¶30

Rajiya Khatoon Vs Union of India through General Manager Eastern Railway — Jharkhand HC (2025) — LawSathi Research

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2025:JHHC:18712

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IN THE HIGH COURT OF JHARKHAND, RANCHI

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Misc. Appeal No. 206 of 2024

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1.Rajiya Khatoon wife of late Md. Jafarul aged about 49 years

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2.Md Saddam Hussain son of late Md Jafarul aged about 29 years

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3.Jahana Khatun d/o late Md Jafarul aged about 22 years

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4.Sakina Khatun d/o late Md Jafarul aged about 20 years

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5.Md Jalil son of late Maho Miyan aged about 74 years

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All r/o village Mohalla-Raktarohaniya Tola Barki Tand, PO and PS Sono District Jamui, Bihar …… …. … Appellant(s)

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-- Versus -- Union of India through General Manager, Eastern Railway, Kolkata, P.O. and P.S. Garden Reach and District Kolkata, West Bengal ` …… …. … Respondent(s)

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…… …. … Respondent(s)

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Appellant(s) :- Ms Omiya Anusha, Advocate For the Resp./Railways :- Mr. Ravi Prakash, Advocate

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5 /10.07.2025 Heard the learned counsel appearing on behalf of the appellants as well

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as the learned counsel for the respondent/Railways.

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This appeal has been filed for setting aside the order dated 10.08.2021 passed by the learned Railway Claims Tribunal, Ranchi Bench, Ranchi in Case No.RES/RNC/0002/2020 arising out of O.A.(IIU)/RNC/80/2019 whereby the application filed for restoration of the application has been rejected by the learned Railway Claims Tribunal.

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Learned counsel for the appellant submits that on 04.2.2020 the learned counsel appearing for the claimants has not been able to appear before the learned court due to illness and on that day, for non-appearance, the case has been dismissed and thereafter the restoration petition has been filed which has been rejected by the impugned order dated 10.08.2021. She submits that for rejecting the said restoration, no reason has been assigned by the learned court

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-1- Misc. Appeal No. 206 of 2024

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2025:JHHC:18712

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and simply it has been dismissed.

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The learned counsel for the respondent Railways submits that learned counsel has not appeared before the learned Tribunal and in view of that the case was dismissed.

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The Court has perused the order dated 10.8.2021 whereby restoration petition filed for restoration of the said O.A.(IIU)/RNC/80/2019 has been rejected. In the said order, there is no reason assigned for rejecting of restoration of the said O.A. case. It was pointed out in course of the argument that due to illness on that day, the learned counsel for the claimants had not appeared before the Tribunal and that is also disclosed in paragraph no.2 of the petition filed before the learned Tribunal for restoration.

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In view of above facts and reasons, the impugned order dated 10.8.2021 is hereby set aside. The O.A.(IIU)/RNC/80/2019 is hereby restored to the file of the learned Railway Claims Tribunal, Ranchi Bench, Ranchi which will be decided on merit in accordance with law.

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The appellants herein and the learned counsel for the Railways shall appear before the learned Railway Claims Tribunal, Ranchi Bench, Ranch on 28.07.2025.

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This appeal is allowed in the above terms and stands disposed of.

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( Sanjay Kumar Dwivedi, J.)

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SI/

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-2- Misc. Appeal No. 206 of 2024

Rajiya Khatoon v. Union of India through General Manager Eastern Railway

Case brief

What is this about?

What did the court decide?

Rajiya Khatoon v. Union of India through General Manager Eastern Railway

Case brief

What is this about?

What did the court decide?

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What the court decided

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