Thanvai, J. - (1.) This writ petition in the nature of certiorari has been filed by the Union of India through its General Manager, North-Western Railway, Jaipur and other officers, against the order dated 5.1.2007 by which the original application No. 57/2004 as well as Misc. Application No. 136/2006 filed by Smt. Santosh Kaur alias Smt. Satwant Kaur was allowed by the learned Central Administrative Tribunal, Jodhpur Bench, Jodhpur (hereinafter referred to as "the Tribunal"), directing the petitioners to grant family pension and other retiral dues in respect of deceased Railway Servant, late Shri Lal Singh, who was working as Gangman and expired on 14.11.1977 while in service, after serving the Railways for about 4 and 1/2 years and also to grant arrears w.e.f. 4.3.2003, i.e. one year prior to the date of filing of the original application. However, the prayer for granting compassionate appointment to the son of the respondent was rejected by the learned Tribunal on the ground that the respondent herself is a permanent employee of the State Government. The learned Tribunal further directed that in cash the aforesaid order is not implemented within a period of 3 months, interest @ 8% per annum shall be paid to the respondent after expiry of period of three months.
(2.) The relevant facts of the case are that the respondent filed an Original Application under Section 19 of the Administrative Tribunals Act, 1985 before the Tribunal with the prayer that she be granted family pension w.e.f 15.11.1977 i.e. soon after the date of sad demise of her husband. It was also prayed that her son be granted compassionate appointment. It was alleged in the original application the respondent's husband Lal Singh (hereinafter referred to as "the deceased employee") was appointed as a Substitute Gangman in the services of Railways on 29.6.1973. He was conferred temporary status on 2.12.1973 after expiry of six months' service. On 1.10.1977, the deceased employee was screened and placed in the panel for regularisation. On 14.11.1977, he expired, vide order dated. 21.3.1979, the services of one Sh. Ota Singh who was at serial No.1 in the merit list issued on 1.10.1977, were regularized.
(3.) The learned counsel for the Railways submitted that till the date of death, the deceased employee was substitute and under Rule 3(26) of the Railway Service Pension Rules, 1993 (hereinafter referred to as the Rules of 1993), the substitute is not deemed to be a Railway servant unless he is absorbed in the regular service. The learned counsel for the Union of India also submitted that under the Indian Railway Establishment Manual, the employees who are holding temporary status, can be brought on regular establishment only after selection as per Rules and there cannot be automatic absorption of substitutes. Such employees can be absorbed to Railway Service only on the basis of their position in the select list.;