JUDGMENT :

Suneet Kumar, J.

1. Heard Sri Rajesh Tripathi, learned counsel appearing for the petitioner-Union of India-Railways and Sri Pramod Kumar (Saxena) assisted by Sri Ramesh Narain Pandey, learned counsel for the respondent.

2. The writ petition is directed against the order dated 22 May 2012, passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad (for short “Tribunal”), in Original Application No. 1144 of 2006 (for short “OA”), whereby, allowing the family pension to the first respondent/original applicant.

3. During pendency of the writ petition, the original applicant died, the legal heirs have been substituted.

4. The original applicant, a widow, of R.R. Pandey, who was employed as casual labour with the Railways from 8 August 1977. He was given temporary status w.e.f. 1 January 1985, vide order dated 25 November 1985. The employee died on 12 July 1988. On the death, the widow/original applicant came to be engaged as fresh casual labour, vide order dated 22 August 1988. In 2012, she approached the Tribunal by filing OA seeking family pension for herself and for her minor son under the pension Rules applicable to the employees of the Railways. The OA was cont