BHAGWATI DEVI W/O LATE SHRI SHUKH RAM EX GANGMAN OFFICE OF INSPECTOR OF WORKS NORTH RAILWAY Vs. UNION OF INDIA

JUDGEMENT

(1.) WHETHER widow of casual labourer with temporary status, died in harness is entitled to family pension under the provisions of Railway Services (Pension) Rules, 1993?, is the common question raised in these two applications.

(2.) For sake of brevity, facts have been noticed from OA No. 1722/2005. Admitted facts are that applicant husband deceased Sukhram was appointed as casual labourer & granted temporary status w.e.f. 03.7.1987, died on 23.9.1989. His provident fund contribution was paid to her on 06.2.1990. She was also accorded compassionate appointment on 06.3.1995. Thereafter she made several representations for grant of pension & pensionary benefits but no action had been taken thereon. It is stated that similarly situated persons namely Shankutla Devi filed OA No. 2550/2003 before this Tribunal, which was disposed of on 22.10.2003 with direction to respondents to pass reasoned and speaking order. Later respondents accorded her retirement benefits & family pension in respect of her late husband. Similarly, other officials like applicant herein were also allowed same benefits overlooking her claim. This action of respondents is illegal, arbitrary and discrimination besides malafide. Therefore it was prayed that she is entitled to relief, as prayed for.

(3.) SHRI Mainee, learned Counsel contended that judgment of Nehni Bai (supra) had been upheld by the Hon'ble Supreme Court dismissing UOI's SLP & was implemented as reflected under para-11 of Smt. Vallam Badia's judgment. The primary question considered under Vallam Badia had been as to whether the widow of casual labourer who was granted temporary status as per rules in force & medically examined as well as completed more than one year's service was entitled for grant of family pension & other retiral benefits in case of death of said temporary status casual labourer in the Railways. Strong reliance was placed on the observation made vide para-5 under Nehni Bai, as also reproduced in Vallam Badia, to contend that 'family pension' & 'pension' are two different matters independent of each other. The said judgment of Nehni Bai had noticed Rules 2311(3)(b) & 2511 of Indian Railway Establishment Manual. The earlier sub-paragraph 3(b) provides that widow of a temporary railway servant is entitled for pension if her husband had rendered qualifying service exceeding one year.