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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