- (1.) Heard Sri A.K. Gaur, Advocate, for petitioners and Sri Anand Kumar, Advocate, for respondent.
(2.) This writ petition is directed against judgment and order dated 30.11.2012 passed by Central Administrative Tribunal, Allahabad Bench, Allahabad in Original Application No. 1145 of 2009 directing petitioners to pay family pension to applicant-respondent, Smt. Kishori, widow of Late Radhey Shyam, ex-Lamp Man.
(3.) From the record, we find that aforesaid Radhey Shyam was initially engaged as casual Gangman on 04.05.1974. His fitness was examined on 22.12.1982 and then he was posted as temporary Gangman in the pay scale of Rs. 775-1025 with effect from 29.07.1987. He was screened for regularization and by Divisional Railway Manager, N.C.R., Railway's letter No. 220-E/Screening/P.Way/97/98 dated 10.09.1997, he was regularized having been already placed in the panel of Gangman. He was subsequently found medically unfit on 16.10.2001 and died on 25.10.2001. Applicant-responded claimed family pension but the same was denied by respondents by computing qualifying service of late Radhey Shyam as under: 1 Date of appointment (As temp. status-Casual gangman) 29-7-87 2 Date of regular appointment after empanelment 16-10-01 3 Total Service (29-7-87 to 16-10-2001) 14 years 2 months 18 days (a) Non qualifying service due to LWP (Statement at S.No. 53) 3 years 4 months 25 days (b) Non qualifying service (50% of Temp. Status service from 29-9-87 to 10-9-97 (Daily rated casual service shall not Count for qualifying service for Pension/Family Pension order of Rly. Bd. Contained in PS No. 7673 At Sl.No. 78 to 79). 5 years 0 months 21 days 4 Total non qualifying service (A+B) 8 years 5 months 16 days 5 Total service 14 years 2 months 18 days (-) Non qualifying service 8 years 5 months 16 days Qualifying service 5 yeas 9 months 2 days;