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Reportable HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 914/2002 CNR: RJHC010190562001 | URN: CW / 2349U / 2002 Smt. Alma W/o Late Shri Hasam Khan, resident of Kalaji Ki Dhani, Ward No.24 via Pipar Road, Jodhpur, her husband was last employed on the post TS Gangman under I O W Jodhpur, Northern Railway.

----Petitioner Versus

1. Union of India through General Manager, Northern Railway, Baroda House, New Delhi.

2. Divisional Railway Manager, Northern Railway, Jodhpur Division, Jodhpur

3. Divisional Personnel Officer, Northern Railway, Jodhpur Division, Jodhpur ----Respondents Connected With D.B. Civil Writ Petition No. 2298/2001 CNR: RJHC010177482001 | URN: CW / 5004U / 2001 Smt. Sugan Kanwar W/o Late Devi Singh, resident of village and post Samdari, District Barmer (her husband was last employed on the post of substitute Khallasi in the office of Carriage and Wagon Samdari, District Barmer Northern Railway).

----Petitioner Versus

1. Union of India through General Manager, Northern Railway, Baroda House, New Delhi.

2. Divisional Railway Manager, Northern Railway, Jodhpur Division, Jodhpur

3. Divisional Mechanical Engineer (Carriage & Wagon), Northern Railway, Jodhpur Division, Jodhpur ----Respondents D.B. Civil Writ Petition No. 4507/2001 CNR: RJHC010170822001 | URN: CW / 9965U / 2001 Smt. Amtul W/o Late Aamin, resident of Chakariya Ki Hotel, near Bhagat Ki Kothi Railway Station, Jodhpur, her husband was last employed on the post of TS/Graded Fitter under I O W (D), Bhagat Ki Kothi, Jodhpur, Northern Railway.

----Petitioner Versus

1. Union of India through General Manager, Northern Railway, Baroda House, New Delhi.

2. Divisional Railway Manager, Northern Railway, Jodhpur Division, Jodhpur

3. Divisional Personnel Officer, Northern Railway, Jodhpur Division, Jodhpur.

----Respondents For Petitioner(s) : Mr. J. K. Kaushik Mr. Avdhesh Parashar For Respondent(s) : Mr. Prakash Choudhary, Sr. Panel Counsel for UOI Mr. Vikram Choudahry Mr. Shyam Charan Mr. Dhanraj Vaishnav through V.C.

Ms. Urmila Chouhan Mr. Deepak Bansal HON’BLE THE CHIEF JUSTICE MR. SANJAY K. AGRAWAL HON’BLE MR. JUSTICE VINIT KUMAR MATHUR HON’BLE MR. JUSTICE MUNNURI LAXMAN

Judgment

17/09/2026 Vinit Kumar Mathur, J.

1. The present matters were referred to the Larger Bench of this Court vide order dated 15^th November, 2003 as the Division Bench was of the opinion that judgment passed by the Coordinate Division Bench of this Court in the case of Smt. Somati Dai Vs. Union of India & Ors. reported in RLW 2001 (1) Raj. 595 requires reconsideration.

2. Briefly noted the facts of the present case are that the petitioners are the widows of the Railway employees, who were working in the respondent department on the posts of casual Gangman, substitute Khallasi and TS/Graded Fitter and while they were serving in the Railway department, they passed away. After the death of the petitioners’ husbands, they approached to the respondent department for grant of pension. However, the same was denied to them, and therefore, they approached to the Central Administrative Tribunal, Jodhpur by way of filing Original Applications. The Original Applications filed by the petitioners were rejected vide order dated 18^th February, 2000. Aggrieved by the order dated 18^th February, 2000, the petitioners preferred the writ petitions before this Court. This Court after hearing the counsel for the parties, referred the matters before the Larger Bench opining that the judgment passed in Somati Dai (supra) requires reconsideration.

3. This is how the matters are before us after constitution of the Larger Bench by Hon’ble the Chief Justice.

4. Learned counsel for the parties submit that the controversy involved in the present matters is decided by the Hon’ble Supreme Court in the case of General Manager, North West Railway & Ors. Vs. Chanda Devi (2008) 2 SCC 108, wherein similar question came up for consideration before the Hon’ble Supreme Court and the Hon’ble