Rajesh Balia, J.-Heard learned Counsel for the petitioners. This petition is directed against the order of Central Administrative Tribunal, Jodhpur Bench, Jodhpur dated 23.01.2006.

2. Brief facts leading to this petition are that one Shri Patwari Ram was appointed as Mazdoor in the office of Petitioner No. 2 on 010.1993 at Bikaner. He was given status of temporary employee on 10.09.1996. Said Shri Patwari Ram died in harness on 12.01.2004.

3. Pursuant to the aforesaid unfortunate death of Patwari Ram, the respondent-original applicant Smt. Kaushalya widow of Shri Patwari Ram claimed the family pension and other terminal benefits under the Central Civil Services (Pension) Rules, 1972 (hereinafter referred to as the “Rules, 1972”), but her request was turned down vide order dated 04.03.2005, which led to filing of Original Application No. 179/2005.

4. By the impugned Judgment , the original application was allowed by holding that since incumbent Shri Patwari Ram was holding a temporary status in service, therefore, applicant is entitled to family pension and other terminal benefits. In coming to this conclusion, the Tribunal relied on its earlier decision in Original Applica