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SANJAY KAROL, SATISH CHANDRA SHARMA
Mala Devi – Appellant
Versus
Union Of India – Respondent
JUDGMENT
SATISH CHANDRA SHARMA, J.
1. The Appellant herein is the widow of Late Shri Om Prakash Maharaj, a temporary employee with the Eastern Indian Railways, who died in harness on 10.07.1996, having completed 9 years 8 months and 26 days of service from the date of his appointment on 15.10.1986.
2. The Appellant had approached the Learned Central Administrative Tribunal vide O.A./050/00276/2014 seeking family pension from the date of death of her husband with all consequential benefits along with interest at the rate of 18% per annum, which was dismissed by the Learned Tribunal vide Judgment/Order dated 23.12.2015. Vide the said decision, the Learned Tribunal held that the claim of the Appellant was devoid of any merit, inasmuch as in absence of a document for regularization and permanent absorption of the husband of the Appellant, Appellant is not entitled for the grant of family pension. Even though, the deceased husband of the Appellant had reached the stage of screening for regularization of his employment with the Railways, the Learned Tribunal observed that “the screening will not confer any right to pension.”
3. Aggrieved thereby, the Appellant preferred a W. P. (C) No. 8524
Family Pension – Benefit of family pension accrues to family of deceased railway servant who died in harness after completion of one year of continuous service, without any discrimination, whether po....
Casual or temporary employees are not entitled to family pension unless they have been absorbed in a permanent post after screening by a screening committee.
Long-service casual workers' families entitled to pensionary benefits via notional regularization despite Uma Devi cut-off.
The main legal point established is that the petitioner is entitled to full family pension with all benefits as per Rule 49 of the Pension Rules, based on the interpretation of qualifying service for....
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