ORDER

Leave granted

2. The question of law that arises for determination is: whether the widow of a casual labourer in Railway Establishment, who died after putting in six months service and obtaining the status of a temporary workman but before his appointment to a temporary post after screening is entitled to family pension under the 1964 Family Pension Scheme? This question was considered by a Bench of this Court in Ram Kumar v. Union of India1. This Court had held thus :

"It is the stand of the learned Additional Solicitor General that no pensionary benefits are admissible even to temporary railway servants and, therefore, that retiral advantage is not available to casual labour acquiring temporary status. We have been shown the different provisions in the Railway Establishment Manual as also the different orders and directions issued by the Administration. We agree with the learned Additional Solicitor General the retiral benefit of pension is not admissible to either category of employees."

The Railway Board in its letter bearing S.No. 3214-Circular No. 720-E/O-IX (Pension) dated October 26, 1965 after examining the question, had stated that "the Family Pension Scheme for Railwa