CENTRAL ADMINISTRATIVE TRIBUNAL BANGALORE BENCH, BENGALURU ORIGINAL APPLICATION NO.170/00290/2024 ORDER RESERVED ON: 06.03.2026 DATE OF ORDER: 24.03.2026 CORAM:

HON’BLE MRS. JUSTICE S. SUJATHA, MEMBER (J)

HON’BLE DR. SANJIV KUMAR, MEMBER (A)

Smt. Indramma M.J. since dead by LRs Mrs. Arpitha K, 31 years, D/o Late S.K. Kalegowda, Ex-SFW (TS)

& W/o Shri Kumara, Melukote Hobli, VTC Sunkathonnur, P.O Sunkathonnur, Sub District Pandavapura, District Mandya, Karnataka 571 434. … Applicant (By Advocate Shri Sampangi Ramaiah)

Vs.

1. The Joint Secretary (Silk), Ministry of Textiles, Govt. of India, Udyog Bhawan, New Delhi – 110 011.

2. The Member – Secretary, Central Silk Board, (Ministry of Textiles – Govt. of India)

BTM Layout, Madiwala, Bangalore – 560 068.

3. The Director, Central Sericultural Research and Training Institute Central Silk Board, (Ministry of Textiles - Govt. of India)

Manandavadi Road, Srirampura, Mysore – 570 008. ...Respondents (By Shri Vishnu Bhat, Senior Panel Counsel)

O R D E R PER: JUSTICE S. SUJATHA, MEMBER (J)

This application is filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-

“(i) Issue a Writ in the nature of Mandamus or any other appropriate Writ, Order or Direction, directing the Respondents Board to consider the Applicant’s prayer dated 26.02.2024 (Annexure-A5) to release the benefit of family pension and other consequential benefits in terms of CCS Pension Rules 1972 to the applicant w.e.f. the date of death of Late S.K. Kalegowda, Ex-SFW (T.S) by treating his service as deemed regularized as Group-D employee in accordance with DoPT OM dated 10.09.1993 (Annexure-A2) and Hon’ble Supreme Court judgment dated 29.11.1989 (Annexure-A1).

(ii) Pass any such other orders or issue such other directions as this Hon’ble Tribunal deems fit in the facts & circumstances of the case in the interest of justice and equity.”

2. Facts in brief as narrated by the applicant are that the applicant’s husband Late S.K. Kalegowda was a Skilled Farm Worker conferred with the Temporary Status originally w.e.f. 01.07.2015 modified by the Hon’ble High Court of Karnataka as 19.03.2005 at Central Sericultural Research and Training Institute, Central Silk Board, Mysore. As per the Hon’ble Supreme Court judgment in the case of Jagrit Mazdoor Union (Regd.) & others vs. Mahanagar Telephone Nigam Ltd. & another (DD: 29.11.1989) reported in 1990 SCC Supl. 113, as well as Government of India’s Order dated 10.09.1993, the casual labourers after rendering three years of continuous service with temporary status shall be treated at par with temporary Group ‘D’ employees and entitled to such benefits as are admissible to Group ‘D’ employees on regular basis. The applicant’s husband S.K. Kalegowda expired on 22.05.2021 while in service i.e. during Covid-19 pandemic. The applicant being an illiterate was not aware of the rules, regulations, etc. She had to accept EPF family pension which is very meagre amount of Rs.3640/- per month. After coming to know about her rights and eligibility about family pension in terms of CCS (Pension) Rules, 1972, she has requested the Respondent’s Board vide an application dated 26/27.02.2024 for the same, but in vain. Hence, the OA.

3. Learned counsel Shri Sampangi Ramaiah representing the applicant submitted that the Respondent’s Board did not regularize the services of the husband of the applicant after completion of three years’ service under Temporary Status Scheme and not even brought under GPF Scheme even after working nearly six years under Temporary Status Scheme before his death. The applicant’s husband had served the Board for 35 years, out of which, nearly six years under temporary status. Placing reliance on the decision of this Tribunal, Principal Bench in OA No.1789/2018 (Jagbiri Devi vs. M/o Communications) (DD: 15.10.2019), learned counsel submitted that it is not appropriate to deny family pension to the widow of late employee simply because the s