(Reserved on 12.12.2025)

Central Administrative Tribunal, Allahabad Bench Allahabad ****

Original Application No.1147/2024 This the 22nd Day of January, 2026 Hon’ble Mr. Justice Rajiv Joshi, Member (Judicial)

Sona Pathak, aged about 53 years, female, wife of Late Janardan Pathak, resident of Bhavan No.104, House 89, Ward No.4 (Now Ward No.21) Budh Nagar Kushinagar, Bishunpur Magurahi P.O. & P.S-Kushinagar, District- Kushinagar, Uttar Pradesh, Pin Code 274403.(The husband of the applicant died on 28.10.2022 while working on group "D" post Temporary status casual under Sub Circle, Kushinagar (U.P), Pin Code-

274403).

………..Applicant By Adv: Shri Umesh Kumar Verma Shri Pradeep Kumar Dubey Versus

1. The Union of India through the Director General, Archaeological Survey of India, Govt. Of India, Dharohar Bhawan, 24, Tilak Marg, New Delhi, Pin Code-

110001.

2. The Director General, Archaeological Survey of India, Govt. of India, Dharohar Bhawan, 24, Tilak Marg, New Delhi, Pin-110001.

3. The Superintending Archaeologist, Archaeological Survey of India, Sarnath Circle, Sarnath, Varanasi, Uttar Pradesh, Pin code-221007.

4. The Conservation Assistant, Sub Circle Kushinagar, District-Kushinagar, Uttar Pradesh, Pin code-274403.

……….. Respondents By Advocate: Shri Vidyapati Tripathi

O R D E R

By Justice Rajiv Joshi, Member (Judicial)

Heard Shri Umesh Kumar Verma along with Shri Pradeep Kumar Dubey, learned counsel for the applicant and Shri Ajay Vidyapati Tripathi, learned counsel for the respondents.

2. The present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking a direction to the respondents to release the death-cum- retiral benefits, family pension and other admissible retiral dues in respect of her husband, Late Janardan Pathak, along with interest @ 12% per annum and costs. The applicant’s husband died on 28.10.2022 while working on a Group ‘D’ post as a Temporary Status Casual Labourer under Sub-Circle, Kushinagar (U.P.) in the Department of Archaeological Survey of India. The said benefits have not been paid to the applicant since 29.10.2022.

3. The facts of the case, as stated by the applicant in her Original Application, are that;

3.1 The husband of the applicant was initially engaged as a casual labourer on muster roll in the year 1987 and worked continuously till 1993 on a Group ‘D’ post (Beldar) under the Archaeological Survey of India, Patna Circle. His engagement as a casual labourer is borne out from official records furnished by the Superintending Archaeologist, A.S.I., Patna Circle, vide letter dated 08.08.1995 addressed to the Director General, Archaeological Survey of India, New Delhi.

3.2 Despite several juniors being granted temporary status, the husband of the applicant was denied the same, compelling him, along with other similarly situated employees, to approach this Tribunal by filing O.A. No.594/1994 (Sadhu Sharan Yadav & Others vs. Union of India & Others). During the pendency of the said Original Application, temporary status was initially granted to the husband of the applicant vide office order dated 08.10.1997, which was subsequently cancelled in 1998. Ultimately, the said O.A. was disposed of on 12.01.2001 with a direction to the respondents to prepare a seniority list of casual labourers and grant benefits of the Temporary Status Scheme and regularisation with consequential benefits.

3.3 As the respondents failed to comply with the aforesaid directions, contempt proceedings were initiated, whereafter the husband of the applicant was granted temporary status vide office order dated 25.02.2003 in the prescribed pay scale and was posted under Sarnath Sub- Circle. He joined duties on 27.03.2003 and thereafter continuously worked as Temporary Status Casual Labourer, drawing regular salary, increments and pay fixation benefits as per Central Government rules, without any adverse remarks, till his death.

3.4 The husband of the applicant worked under various Sub-C