K.S.JHAVERI - (1.)BY way of this petition, the petitioner-original applicant has challenged the order dated 23.1.2004 passed by the Central Administrative Tribunal, Ahmedabad in OA.No.101 of 2002 with MA No.159 of 2002 and M.A.No.636 of 2002, by which the application of the applicant has been rejected.
(2.)THE brief facts of the case are that the applicant's husband Bardhan Jagnath had been working in Construction Division from November 1979 and was granted temporary status w.e.f. 1.1.1984. Before Bardhan Jagnath could be screened and empanelled for regularisation, he died on 28.1.1991. THE applicant is the widow of late Bardhan Jaganath. In 1993, the applicant filed OA No.374of 1993 for grant of family pension. THE Tribunal vide its order dated 27th July,1993 directed the respondents to decide the representation dated 27th April, 1993 which came to be rejected. THEreafter, the petitioner approached the Tribunal. After considering the case of both the sides, the Tribunal has observed in paragraphs 11 and 12 of the order as under:
"11. Learned counsel for the applicant has placed reliance on a Division Bench decision of this Tribunal in OA 316/1996 in Smt.Vallam Badia v. UOI and others decided on 21.6.2002. In the cited case applicant's husband was a temporary status holder casual labour, but was not regularised. However, the Tribunal in the facts and circumstances of the said case, after considering the various decisions directed the respondents to consider the family pension. This Division decision is of dated 21.6.2002 whereas the Full Bench decision of Cuttak Bench of the Tribunal in Smt.S.Rathnam v. UOI and others (supra) was decided on 11th October, 2001. THE Full Bench has also considered the case of UOI and others vs.Rabia Bikaner and others reported in 1997 SCC (L&S) 1524, Prabhavati Devi v. UOI and others reported in 1996(1) SLJ page 89 and also Yashwant Hari Katakkar v.UOI and others 1995 AIR (SCW) Page 370 and thereafter held that dependents of a casual labour with a temporary status, who dies in harness without having his services regularised is not entitled for family pension. THE writ petition against OA 316/1996 has been rejected by the Hon'ble High Court after observing that "....even assuming that there is some error of law committed by the Tribunal while deciding the question with regard to the entitlement of the respondents of these petitions to receive family pension, we are not inclined to exercise our supervisory jurisdiction under Article 227 of the Constitution of India." This matter has been also considered in detail by the Division Bench of this Tribunal in OA 353/2002 in the case of Janakba vs.UOI and others . Thus, the applicant is not entitled to any benefit from the decision int he cae of OA 316/1996. 12. Learned counsel Shri Gogia further submitted that as the applicant was sick from 26.7.1986 due to T.B. and was also under treatment at Gujarat Ayurvedic University and District T.B.Centre, Jamnagar so it was for the respondents to regularise the said period in the light of the Railway Board circular. This submission of the learned counsel has also no merit. THEre is nothing on record to show that the applicant's husband at any time during his lifetime sent any information to the department. THE respondents have also denied the receipt of any such information. Admittedly, the applicant did not work after 26.7.1986 till the date of his death i.e.28.1.1991, so initially it was for the applicant to get the said period regularised. THEre is nothing on record to show that at any time application for regularisation of such period was ever given to the respondents or any such relief was claimed through judicial process. THE period of regularisation during which the applicant remained absent is not the issue in the present OA nor the same can be considered after such a long gap. THE applicant therefore cannot be given any benefit for such period of absence."

No case is made out to interfere with the order of the Tribunal. The petition is devoid of any merits. It is accordingly dismissed. Rule is discharged.