CENTRAL ADMINISTRATIVE TRIBUNAL MUMBAI BENCH, MUMBAI.

ORIGINAL APPLICATION No.872/2023 nd Date of Decision:02 December, 2025 CORAM: Hon’ble Mr. Shri Krishna, Member (A)

Smt Ushadevi G. Bhadoriya, Aged:..years W/o Late Ganesh Singh Bhadoriya Ex. Medical Khalasi, Under CMS Kalyan Residing at : Veer Nagar Chawl No.5, D. No.9, Santoshi Mata Road, Kalyan (West), Applicant Thane (Dist). ...

( By Advocate Shri Samir Singh )

Mil A an lp h Ja a c n k s s o on D0316bRLDF 80dbfoo N ea 6 1fc7 cx at 7: e , ai 5 c4 s t dC : P9 t a ,o Pi 9 o2 = 2 1 Co n 1 Dn0 6 I0s :N N9 :2F 9te I ac = , 5 f f a 8e R lc M O . C m1 141 e = io 2 8 0l a a P d t. 4e h d0 ne e8d1e e9 = r47 J r s a 4 1 a cf8 o V u 09 0 cb n5 e tk16 : dh3 ae r s2f 9 s o 9 9 l7 o0 , 4 i r 2 : b o n3 O 4 co dc n ,7 2 A I f 45 : D S 6 + lt c6 2 ph3 0 = .f2 0 h 9 i8 5 M s 3 2 a 6 0 ' 5 34 a dn b 6 0 d4 . h os 1 9 ' faoc 591 6 0 u r86e 5 m b14 = s,08e h P80n tr32 h t ab o, 81 nS78 eE69 =R8aIa4Ad0La5Ne7U58bM8dB2E30fRd8=7f05d71c83bd84bf0a VERSUS

1. Union of India (Through)

General Manager, Central Railway, Mumbai CSMT Mumbai – 400 001.

2. The Divisional Railway Manager Mumbai Division, Central Railway, Divisional Railway Manager Office, Respondents CSMT, Mumbai – 400 001. ...

(By Advocate Shri P. Khosla)

ORAL ORDER The applicant, widow of a deceased Railway employee, has filed this Original Application seeking declaration that she is entitled for family pension and pensionary benefits of her deceased husband.

. Brief facts of the case as stated in the OA are that the applicant’s husband was working with the respondents Railway as a Commission Vendor from 12.07.1977 to 25.05.2001. He was regularized as Medical Khalasi vide order dated 25.05.2001 (Annexure A-2 page 13 of the OA). The applicant died in harness on 13.10.2004. The applicant made representation before the Pension Adalat -2020/II for family pension which Mil A an lp h Ja a c n k s s o on D0316bRLDF 80dbfoo N ea 6 1fc7 cx at 7: e , ai 5 c4 s t dC : P9 t a ,o Pi 9 o2 = 2 1 Co n 1 Dn0 6 I0s :N N9 :2F 9te I ac = , 5 f f a 8e R lc M O . C m1 141 e = io 2 8 0l a a P d t. 4e h d0 ne e8d1e e9 = r47 J r s a 4 1 a cf8 o V u 09 0 cb n5 e tk16 : dh3 ae r s2f 9 s o 9 9 l7 o0 , 4 i r 2 : b o n3 O 4 co dc n ,7 2 A I f 45 : D S 6 + lt c6 2 ph3 0 = .f2 0 h 9 i8 5 M s 3 2 a 6 0 ' 5 34 a dn b 6 0 d4 . h os 1 9 ' faoc 591 6 0 u r86e 5 m b14 = s,08e h P80n tr32 h t ab o, 81 nS78 eE69 =R8aIa4Ad0La5Ne7U58bM8dB2E30fRd8=7f05d71c83bd84bf0a came to be rejected by the Divisional Railway Manager (P), Mumbai, CST vide impugned order dated 25.08.2022 (Annexure A-1 page 10 of the OA) stating that late Shri Ganesh Singh Bhadoriya has qualifying service of 2 years, 11 months and 11 days and as per extent rule, if qualifying service is less than 10 years, no family pension is to be given to the claimants. The applicant has placed reliance on the judgment of Hon’ble Supreme Union of India and Others Vs Court in the case of Munshi Ram (2022) SCC Online , decided on 31.10.2022, SC 1493 wherein it was in para 60 of the judgement, the Hon’ble Supreme Court has held that in the case of Commission Vendors, 50% of their services rendered prior to their regularization should be counted for pensionary benefits. He has placed reliance on the judgement of Hon’ble High Court of Judicature at Bombay Union of India and Others Vs Pashim in the case of Railway Karmchari & Another , decision dated 21.04.2008 in Writ Petition No.190/2006 wherein similar view was taken.

3 . The applicant has also filed MA No.89/2025 for condonation of delay by placing reliance on the Mil A an lp h Ja a c n k s s o on D0316bRLDF 80dbfoo N ea 6 1fc7 cx at 7: e , ai 5 c4 s t dC : P9 t a ,o Pi 9 o2 = 2 1 Co n 1 Dn0 6 I0s :N N9 :2F 9te I ac = , 5 f f a 8e R lc M O . C m1 141 e = io 2 8 0l a a P d t. 4e h d0 ne e8d1e e9 = r47 J r s a 4 1 a cf8 o V u 09 0 cb n5 e tk16 : dh3 ae r s2f 9 s o 9 9 l7 o0 , 4 i r 2 : b o n3 O 4 co dc n ,7 2 A I f 45 : D S 6 + lt c6 2 ph3 0 = .f2 0 h 9 i8 5 M s 3 2 a 6 0 ' 5 34 a dn b 6 0