S K MASTAN BEE Vs. GENERAL MANAGER SOUTH CENTRAL RAILWAY
LAWS(SC)-2002-12-81
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
Decided on December 04,2002

S.K.MASTAN BEE Appellant
VERSUS
GENERAL MANAGER,SOUTH CENTRAL RAILWAY Respondents


Cited Judgements :-

DIWAKAR PUNDLIKRAO SATPUTE VS. ZILLA PARISHAD WARDHA [LAWS(BOM)-2003-12-23] [REFERRED TO]
Nagendra Nath Kumar VS. State of Jharkhand [LAWS(JHAR)-2013-7-125] [REFERRED TO]
NANUBEN BHIKHUBHAI VARNANGAR VS. STATE OF GUJARAT [LAWS(GJH)-2006-4-41] [REFERRED TO]
ARUN KUMAR SAXENA VS. STATE OF U.P. THROUGH PRIN. SECY. RURAL ENGINEERING DEPTT. L [LAWS(ALL)-2017-4-29] [REFERRED TO]
GOPAL CHANDRA MAITY VS. UNION OF INDIA [LAWS(CAL)-2007-4-22] [REFERRED TO]
PARUL RANI MAITY VS. DEPUTY CHAIRMAN CALCUTTA DOCK LABOUR BOARD [LAWS(CAL)-2011-9-11] [REFERRED TO]
HITKISHORE GOSWAMI VS. STATE OF MP [LAWS(MPH)-2013-6-45] [REFERRED TO]
THE STATE OF JHARKHAND & ORS. VS. HARIHAR DUBEY [LAWS(JHAR)-2017-8-217] [REFERRED TO]
KAPILA HINGORANI VS. STATE OF BIHAR [LAWS(SC)-2003-5-1] [REFERRED TO]
STATE OF HARYANA VS. SHAKUNTLA DEVI [LAWS(SC)-2008-10-97] [REFERRED TO]
SURENDRA KAUR VS. STATE OF RAJASTHAN AND ORS. [LAWS(RAJ)-2015-3-88] [REFERRED TO]
LAJWANTI VS. HARYANA VIDYUT PARSARAN NIGAM LIMITED AND ORS. [LAWS(P&H)-2015-5-807] [REFERRED TO]
PREM SINGH VS. STATE [LAWS(RAJ)-2007-11-34] [REFERRED]
RAM SHARAN PRASAD VS. UNION OF INDIA [LAWS(MPH)-2006-2-100] [REFERRED TO]
SHAMBHA BAI JAIN VS. STATE OF M P AND ANOTHER [LAWS(MPH)-2012-7-328] [REFERRED]
HITKISHORE GOSWAMI VS. STATE OF M P [LAWS(MPH)-2013-7-148] [REFERRED TO]
SANTRA DEVI VS. STATE OF HARYANA [LAWS(P&H)-2005-2-187] [REFERRED]
HANUMAN SINGH VS. STATE OF JHARKHAND AND ORS. [LAWS(JHAR)-2016-2-38] [REFERRED TO]
MANAGEMENT OF PROTECK CIRCUITS AND SYSTEMS PRIVATE LIMITED VS. CONTROLLING AUTHORITY UNDER THE MINIMUM WAGES ACT DEPUTY COMMISSIONER OF LABOUR I [LAWS(MAD)-2008-2-85] [REFERRED TO]
VIDYA DEVI VS. UNION OF INDIA [LAWS(HPH)-2003-1-11] [REFERRED TO]
M S MUNIVENKATAPPA VS. STATE BANK OF INDIA [LAWS(MAD)-2007-1-59] [REFERRED TO]
JASUJI NARANJI VAGHELA VS. STATE OF GUJARAT [LAWS(GJH)-2022-6-435] [REFERRED TO]
KUNHAMI VS. UNION OF INDIA [LAWS(KER)-2006-3-66] [REFERRED TO]
TAPAN KUMAR MANDAL VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2014-11-22] [REFERRED TO]
SANDHYA CHAKRABORTY VS. UNION OF INDIA [LAWS(CAL)-2013-4-4] [REFERRED TO]
GEETA VARSHNEY VS. ALLABAHAD BANK [LAWS(ALL)-2012-1-122] [REFERRED TO]
KALPANA PAL VS. STATE OF WEST BENGAL [LAWS(CAL)-2010-8-176] [REFERRED TO]
RAZZAK KHAN VS. LEARNED PRESIDING OFFICER [LAWS(CAL)-2008-12-17] [REFERRED TO]
DR. RITA WAHAL VS. CHANCELLOR, KING GEORGES MEDICAL UNIVERSITY, LUCKNOW & 3 ORS [LAWS(ALL)-2017-5-25] [REFERRED TO]
RAM KRISHNA VS. STATE OF U.P. [LAWS(ALL)-2017-5-166] [REFERRED TO]
SHAIL KUMAR VS. STATE OF U.P. [LAWS(ALL)-2019-12-271] [REFERRED TO]
RAJBATI YADAV VS. STATE OF CG [LAWS(CHH)-2006-6-19] [REFERRED TO]
RAM KESHI DEVI VS. STATE OF U P [LAWS(ALL)-2009-3-64] [REFERRED TO]
RAKESH KUMAR PANDEY VS. STATE OF U P [LAWS(ALL)-2004-12-208] [REFERRED TO]
RAM VEER SINGH KHAJAN SINGH VS. STATE OF U P [LAWS(ALL)-2005-3-21] [REFERRED TO]
DHAN MAYA VS. UNION OF INDIA [LAWS(MEGH)-2018-5-3] [REFERRED TO]
SARWAN DEVI VS. UNION OF INDIA [LAWS(RAJ)-2006-4-36] [REFERRED TO]
ASHWANI KUMAR AND ORS. VS. STATE OF HARYANA AND ORS. [LAWS(P&H)-2015-4-251] [REFERRED TO]
NOUSHAD S. VS. KERALA STATE ROAD TRANSPORT CORPORATION [LAWS(KER)-2016-9-17] [REFERRED TO]
EX SEP HARI RAM VS. UNION OF INDIA [LAWS(DLH)-2003-2-1] [REFERRED TO]
K L SHARMA VS. UNION OF INDIA [LAWS(DLH)-2012-1-111] [REFERRED TO]
D DAMAYANTHI VS. SECRETARY MINISTRY OF HOME AFFAIRS GOVERNMENT OF INDIA [LAWS(APH)-2008-1-10] [REFERRED TO]
TAMIL NADU ARASU POKKUVARATHU MADURAI THOZHILALAR SANGAM VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2010-9-213] [FOLLOWED ON]
REGIONAL PROVIDENT FUND COMMISSIONER VS. VIJAY MALA BHONSLE [LAWS(MPH)-2003-2-2] [REFERRED TO]
BABU SINGHNARAYAN PRASAD VS. CENTRAL PROVIDENT FUND COMMISSIONERREGIONAL PROVIDENT FUND [LAWS(MPH)-2004-10-30] [REFERRED TO]
RAM CHAND TOLANI VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-1-18] [REFERRED TO]
PRATAP SINGH VS. UNION OF INDIA [LAWS(RAJ)-2008-8-132] [REFERRED]
SHANTI DEVI VS. STATE OF M P [LAWS(MPH)-2010-8-17] [RELIED UPON]
AJAY HAZAM VS. CENTRAL COALFIELDS LTD. AND ORS. [LAWS(JHAR)-2016-3-44] [REFERRED TO]
NATHU SINGH VS. UNION OF INDIA [LAWS(RAJ)-2003-2-21] [REFERRED TO]
DALIP SINGH VS. UNION OF INDIA AND OTHERS [LAWS(P&H)-2006-9-339] [REFERRED]
KRISHNA DEVI VS. STATE OF HARYANA [LAWS(P&H)-2008-8-200] [REFERRED]
RAMESHPURI HIRAPURI GOSWAMI VS. SECRETARY- NARMADA WATER RESOURCES DEPARTMENT [LAWS(GJH)-2018-10-177] [REFERRED TO]
UNION OF INDIA VS. ANUPAM RANI & ANOTHER [LAWS(ALL)-2013-8-256] [REFERRED]
SORNATHAI VS. GOVERNMENT OF TAMIL NADU, REP BY ITS SECRETARY, TRANSPORT DEPARTMENT [LAWS(MAD)-2018-2-537] [REFERRED TO]
V AISHA KUNJU VS. DEPUTY DIRECTOR OF EDUCATION [LAWS(KER)-2004-3-16] [REFERRED TO]
SHAKUNTAL GUPTA VS. MUNICIPAL CORPN OF DELHI [LAWS(DLH)-2004-5-86] [REFERRED TO]
BHAGI DEVI VS. STATE OF H.P. [LAWS(HPH)-2004-10-51] [REFERRED TO]
RATTANI DEVI VS. STATE OF H.P. [LAWS(HPH)-2014-7-47] [REFERRED TO]
Joy Kumar Mahto VS. State of Jharkhand [LAWS(JHAR)-2013-10-42] [REFERRED TO]
PREMILABEN PRATAPRAI JOSHI VS. STATE OF GUJARAT [LAWS(GJH)-2003-11-36] [REFERRED TO]
ACCOUNTANT GENERAL VS. SHYSON GEORGE [LAWS(KER)-2005-3-16] [REFERRED TO]
MAYA BANERJEE VS. UNION OF INDIA [LAWS(CHH)-2021-10-37] [REFERRED TO]
BILASO DEVI VS. UNION OF INDIA [LAWS(ALL)-2012-3-184] [REFERRED TO]
PHOOL KUMARI VS. PRESIDING OFFICER, CENRAL GOVT INDUSTRIAL TRIBUNAL [LAWS(ALL)-2016-5-600] [REFERRED]
NARAYAN PRASAD VS. STATE OF M.P. [LAWS(MPH)-2004-10-64] [REFERRED TO]
KONTHOUJAM (O) PRAMODINI DEVI VS. STATE OF MANIPUR [LAWS(MANIP)-2017-3-4] [REFERRED TO]
RAM LAL VS. STATE OF H.P. AND ANR. [LAWS(HPH)-2011-5-299] [REFERRED TO]
S Vijayalakshmi VS. Tamil Nadu Water Supply and Drainage Board [LAWS(MAD)-2005-6-38] [REFERRED TO]
P.PANGAJAM VS. ASSISTANT ELEMENTARY EDUCATIONAL OFFICER [LAWS(MAD)-2013-11-238] [REFERRED TO]
JEERA DEVI VS. UNION OF INDIA, THROUGH SECRETARY, MINISTRY OF COA [LAWS(CHH)-2018-2-87] [REFERRED TO]
KARUNA BALA BERA VS. STATE OF W B [LAWS(CAL)-2004-9-41] [REFERRED TO]
BRIJ MOHAN LAL VS. STATE OF U P [LAWS(ALL)-2006-8-273] [REFERRED TO]
HOSHIAR SINGH VS. UNION OF INDIA AND OTHERS [LAWS(P&H)-2006-4-326] [REFERRED]
SMT. DALJIT KAUR VS. UNION OF INDIA AND OTHERS [LAWS(P&H)-2006-7-618] [REFERRED]
KEHAR SINGH VS. UNION OF INDIA AND OTHERS [LAWS(P&H)-2006-9-206] [REFERRED]
LAKHI DEVI, WIFE OF LATE SUDARSHAN PRASAD, RESIDENT OF VILLAGE & P.O. BHAGWANPUR HAT, DISTRICT VS. THE SECRETARY, JHARKHAND STATE ELECTRICITY BOARD, PROJECT BUILDING, P.O. DHURWA, P.S. JAGARNATHPUR, DISTRICT [LAWS(JHAR)-2016-12-27] [REFERRED TO]
KUSUM CHAUHAN VS. REGIONAL PROVIDENT FUND COMMISSIONER, RANCHI [LAWS(JHAR)-2013-7-13] [REFERRED TO]
RAGHUBIR SINGH VS. UNION OF INDIA AND OTHERS [LAWS(MPH)-2003-8-113] [REFERRED TO]
SHUKHAVARIYA BAI VS. UNION OF INDIA [LAWS(MPH)-2006-8-74] [REFERRED TO]
GOVERNMENT OF INDIA VS. PACHAMMAL [LAWS(MAD)-2009-2-94] [REFERRED TO]
RAMESHWAR LAL VS. STATE OF RAJASTHAN AND ANOTHER [LAWS(RAJ)-2011-8-266] [REFERRED TO]
SMT. OM PATI VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2006-9-220] [REFERRED]
VIDYA DEVI VS. H.V.P.N.L. AND OTHERS [LAWS(P&H)-2006-9-226] [REFERRED]
RAMA DEVI VS. STATE OF HARYANA [LAWS(P&H)-2005-5-156] [REFERRED]
THE STATE OF RAJASTHAN AND ORS. VS. BHAWARI DEVI [LAWS(RAJ)-2020-1-318] [REFERRED TO]
SAMPATTI DEVI WIFE OF LATE RAM LAL MISHRA VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2005-9-59] [REFERRED TO]
TOODI RAMANAMMA VS. SINGARENI COLLIERIES COMPANY LIMITED [LAWS(APH)-2014-3-103] [REFERRED TO]
V LAKSHMINARAYANAN VS. CHIEF GENERAL MANAGER [LAWS(MAD)-2006-12-19] [REFERRED TO]
DEPUTY SECRETARY TO THE GOVERNMENT OF TAMILNADU, TRANSPORT DEPARTMENT AND ORS. VS. CHANDRAMANI AND ORS. [LAWS(MAD)-2015-4-332] [REFERRED TO]
MOST. JAGIA DEVI VS. UNION OF INDIA [LAWS(JHAR)-2014-2-39] [REFERRED TO]


JUDGEMENT

Santosh Hegde, J. - (1.)Heard learned counsel. Leave granted.
(2.)The appellant in this appeal is the widow of a railway employee who died in harness on 21st November, 1969. According to the appellant, she was entitled for family pension on the death of her husband, but because of ignorance and lack of legal assistance, she could not stake her claim for family pension till 12-3-1991. When she made an application for grant of family pension to the Divisional Railway Manager (Personal) of south Central Railway (Vijaywada, her claim for said pension was rejected by the Railways on 24-3-1992 on the ground that her husband on the date of his death was not in the service of Railways because he was earlier medically invalidated. The appellant pursued her claim by representations to the Railways which having failed, she filed a writ petition before the High Court of Judicature : Andhra Pradesh at Hyderabad in the year 1992 which came up for consideration before a learned single Judge of the High Court who was pleased to allow the writ petition and directed the respondent-Railways to fix and pay the family pension payable to the appellant, according to the rules, with arrears w.e.f. the date of death of the appellant's husband i.e. 21st of November, 1969.
(3.)While giving the above direction, the learned single Judge rejected the contention of the railways that the appellant's husband was medically invalidated. He also rejected the contention of the Railways that under the rules or the Scheme the appellant was not entitled to family pension. The further contention of the Railways that the appellant had an alternate remedy in approaching the Central Administrative Tribunal was also rejected.


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