IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16813 of 2010 Most. Kulo Devi, wife of Late Baldeo Ram, resident of village-Govindpur, P.O.-Dharhara, Police Station Dharhara, District-Munger. ……..Petitioner. Versus 1. The Union of India through General Manager, Eastern Railway, 17, Subhash Chandra Road, Fairly Place, Kolkata. 2. The Chief Personnel Officer, Eastern Railway, 17, Subhash Chandra Road, Fairly Place, Kolkata. 3. The Senior Divisional Railway Manager, Eastern Railway Maldah, P.O. and District-Maldah (West Bengal) 4. The Divisional Personnel Officer, Eastern Railway, Maldah, P.O. and District Maldah (West Bengal) 5. The Chief Works Manager, Eastern Railway Workshop Jamalpur. 6. The Workshop Personnel Officer, Eastern Railway Workshop, Jamalpur. 7. The Permanent Way Inspector-2 (P.W.I-3) Jamalpur. 8. The Assistant Engineer (AEN) (Line), Eastern Railway Jamalpur. All 5 to 8 P.O. and Police Station Jamalpur, District Munger. ….….Respondents. ----------- Counsel for petitioner : Mr. Aditya Narayan Singh and Mr. Kundan Kumar Singh, Advocates. Counsel for respondents : Mr. Anil Kumar Sinha, Advocate. (Railways) ----------- 2 05.10.2010 Heard learned counsel for the petitioner and learned counsel for the Railways. Petitioner’s husband became a casual labourer under the Railways in the year 1965. Subsequently he got temporary status as a casual - 2 - labourer and worked as such for about seven years till his death on 21.09.1985. The petitioner as a widow has claimed family pension. The claim has been rejected by the learned Central Administrative Tribunal, Patna Bench, Patna by impugned order dated 14.05.2010 in O.A. No.207 of 2009. After noticing the relevant facts and the earlier O.A. No.86 of 1998 filed by the petitioner before the Tribunal, ultimately the Tribunal has rejected the claim of the petitioner in paragraphs 10 and 11 of the impugned judgment (Annexure-1) after noticing the relevant portion of Railway Board’s letter dated 21.10.1965. According to the said letter of Railway Board a casual labourer will come under the purview of the family pension scheme only from the date of absorption against a regular temporary post. As a fact, it has been found that the husband of the petitioner was not absorbed against any regular post either temporary or otherwise. Learned counsel for the petitioner has placed reliance upon altered eligibility criteria introduced - 3 - by Railway Board’s letter dated 19.12.1986 whereby one year continuous service requirement has been relaxed provided the railway servant in question had been examined by appropriate medical authority and declared fit. It is clear that the letter of the Railway Board dated 19.12.1986 has prospective application and further it cannot benefit those who did not get absorbed in any regular post temporary or otherwise even for a day. Learned counsel has further placed strong reliance upon a judgment of the Supreme Court in the case of S.K. Mastan Bee Versus General Manager South Central Railway, (2003) 1 SCC 184. In that case the claim of the family pension by the widow had been denied on the ground that her husband was medically invalidated. The learned Single Judge of the Andhra Pradesh High Court rejected the contention of the Railways that the husband was medically invalidated. On that ground the widow was, in the facts of that case, found entitled for family pension. The Division Bench agreed with the learned Single Judge but on account of latches and delay held the widow entitled to family - 4 - pension only from a later date. The Apex court did not approve the view taken by the Division Bench and held that benefit of entitlement to family pension should be given to the widow from due date. On facts, the learned Tribunal has rightly distinguished the aforesaid judgment and has placed reliance upon another judgment of the Supreme Court in the case of Union of India Versus Rubia Bikaner, A.I.R. 1997 SC 2843. We find no error in the impugned judgment and order of the learned Tribunal. The writ petition is, therefore, dismissed. sk (Shiva Kirti Singh, J.) (Hemant Kumar Srivastava, J.)