SIDDHARTH,J. - (1.) Heard Shri K.P. Singh, learned counsel for the petitioner and Shri Anand Kumar learned counsels for the respondents.
(2.) Petitioners have filed the above noted writ petition challenging the order dated 22.9.2006 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad whereby Original Application No. 306 of 2005 filed by the respondent No. 1 was allowed granting her family pension and other terminal benefits after the death of her husband.
(3.) The petitioner's case is that husband of respondent No. 1, late Ram Sumer, was employed as Casual labourer from 24.3.1973 and after 120 days of continuous service, he acquired status of temporary railway servant. Husband of respondent No. 1 expired on 16.3.1983 and prior to his death he was declared medically unfit vide memo dated 3.8.1982. The respondent No. 1 filed Original Application No. 818 of 2004 before the Central Administrative Tribunal, Allahabad Bench, Allahabad claiming family pension and other terminal benefits along with prayer for her son's appointment on compassionate ground, which was disposed of at the stage of admission directing the respondent No. 1 to decide her claim. The claim of the petitioner was rejected by order dated 17/18.11.2004 by the respondent on the ground that there is difference between "substitute" and "causal labour" without screening.;