1 102-wp 6478.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 6478 OF 2026 ( MADHAVI RAMDAS MALVI VS THE UNION OF INDIA THR. ITS DIVISIONAL RAILWAY MANAGER AND ORS. ) Office Notes, Office Memorandum of Coram, appearances, Court's orders or the directions, Court's or Judge's order and Registrar's orders. Mr. R.D.Dhande, Advocate for petitioner. Ms.Mugdha Chandurkar, Advocate for respondent Nos.1 to 3. CORAM : ANIL S. KILOR AND RAJNISH R. VYAS, JJ. DATE : AUGUST 21, 2026 1) Heard learned counsel for the petitioner. 2) The challenge in the present petition is to the interim order dated 14/08/2026 passed in O.A. No.582/2026. Learned counsel for the petitioner in brief submission has contended that though this Court has categorically held that petitioner would be entitled for grant of compassionate appointment, the applicant in O.A.No.582/2026 by making incorrect statement has obtained the interim relief, consequently, the examination which is scheduled to be held on 24/08/2026 is now stayed qua the petitioner. He submits that filing of Original Application at the behest of the applicant therein was nothing but striking example of abuse of process of law. 3) At this stage, since the Original Application is pending, it would not be proper to comment anything on the merit. Suffice it to say that since this Court has already dealt with the aspect of the right of the petitioner, it would be in the fitness of KOLHE 2026:BHC-NAG:10928-DB 2 102-wp 6478.2026.odt thing if the petitioner is permitted to appear for examination, which is going to be held in the week commencing 24/08/2026. 4) As regards the contention of the petitioner that the interim order was obtained by playing fraud, she can always file appropriate affidavit narrating the fact and point out the same to the Tribunal. The Tribunal will certainly look into the said aspect. 5) In that view of the matter, following order is passed :- ORDER 1. The writ petition is partly allowed. 2. Interim order granted by the Central Administrative Tribunal, Mumbai Bench Camp at Nagpur in O.A.No.582/2026 on 14/08/2026 is modified to the extent that the petitioner shall be entitled to appear for the examination in the week commencing 24/08/2026. 3. As regards the continuation of interim order or vacation of the same, the Tribunal shall decide the same after granting opportunity of being heard to the respective parties. 6) Petition is disposed of accordingly. ( RAJNISH R. VYAS, J. ) ( ANIL S. KILOR, J. ) KOLHE Signed by: Mr. Ravikant Kolhe Designation: PA To Honourable Judge Date: 21/08/2026 18:05:56