IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2552 of 2009 Ujaria Devi, wife of late Jhapsi Mahato, resident of village- Reghunathpur, P.O. & P.S.-Barsoi, District-Katihar. ……Petitioner. Versus 1. The Union of India, through the Secretary, Ministry of Railway, Rail Bhawan, New Delhi. 2. The General Manager, N.F. Railway, Maligaon, Assam. 3. The Divisional Railway Manager, N.F. Railway, Maligaon, Katihar. 4. F & CAO, Maligaon, Gauhati, Assam. …..Respondents. ----------- 04. 30.07.2009 Heard learned counsel for the petitioner and learned counsel for the Railways. In paragraph 2 of the impugned order dated 20th September, 2006 contained in Annexure-1, The Central Administrative Tribunal, Patna Bench has noted that there is no dispute over the fact that (i) Order was issued granting temporary status to the applicant who was earlier a casual labourer, w.e.f. 24.06.1993 and (ii) He was absorbed in group-D post w.e.f. 15.09.1994 and he superannuated from service w.e.f. 30.06.2003. Petitioner was granted a work certificate by the authorities of the Railway that he had served the Central Government from 24.06.1993 to 30.06.2003. Normally that period which is of more than ten years entitled the petitioner for grant of pension but the same has been denied to him on account of stand of the - 2 - respondents that the period when the petitioner was having temporary status can be given only 50 per cent weightage. On account of aforesaid stand of the respondents, an attempt was made on behalf of the petitioner before the Tribunal that his earlier service as a casual labourer may also be considered so that he may qualify for grant of pension. That prayer was rejected on the basis of provisions in a circular which requires that as a casual labourer one had to complete 120 days of service in a particular year prior to grant of temporary status. Before us learned counsel for the petitioner has placed reliance upon the judgment of this Court dated 18th September, 2008 contained in Annexure-6 to this writ petition whereby the Division Bench dismissed the writ petition by Union of India and upheld the order of the Tribunal which had followed the law laid down by the Andhra Pradesh High Court reported in 2004 [2] ATJ 23 [G.M; South Central Government A.P. Vs. Shaik Abdul Khader] and some other judgments to allow the O.A. of an employee in which the prayer was to count 100 per cent of the service as a casual labourer on temporary status. In view of the aforesaid judgment of the Division - 3 - Bench of this Court affirming the order of the Tribunal in another case directing the parties to grant pension to the petitioner by counting 100 per cent service rendered by him as casual labourer on temporary status, we allow the writ petition and set aside the impugned order of the Tribunal. The respondents are directed to allow pension to the late husband of the petitioner by counting 100 per cent service rendered by him as casual labourer on temporary status. They shall calculate the pension payable to the retired employee who died during the pendency of the case before the Tribunal and whose widow has preferred this appeal. The dues of pension and all other lawful dues including family pension if permissible in accordance with law should be made available to the petitioner as early as possible and in any case within a period of four weeks from today. Vikash/- (Shiva Kirti Singh, ACJ.) (Anjana Prakash, J.)