IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5907 of 2009 1. THE UNION OF INDIA THROUGH GENERAL MANAGER, EAST CENTRAL RAILWAY, HAZIPUR (VAISHALI) 2. THE DIVISIONAL RAIL MANAGER, EAST CENTRAL RAILWAY, SAMASTIPUR 3. THE DIVISIONAL RAILWAY MANAGER (ENGINEERING) E.C. RAILWAY, SAMASTIPUR. 4. ASSISTANT DIVISIONAL ENGINEER, E.C. RAILWAY, DARBHANGA. ---- PETITIONERS. Versus 1. SMT.SHITALI DEVI, WIDOW OF LATE SITA RAM, EX-GANGMAN UNDER SR. SECTION ENGINEER ( P. WAY) EAST CENTRAL RAILWAY, JHANGHARPUR R/O VILLAGE BISHARIA, P.O. CHIKNA, VIAGEOGHARDIHA, P.S. GANGHARDIHA, DIST. MADHUBANI --- RESPONDENT ------- 03 25.01.2010 Heard Mr. Kunal Tiwari, learned assistant counsel to Naresh Dikshit for the petitioners. This writ petition is directed against the order dated 13.08.2008 (Annexure-1), passed by the learned Central Administrative Tribunal, Patna Bench, Patna, in O.A.No. 522 of 2006 (Smt. Shitali Devi vs. The Union of India and others), whereby the O.A.No. 522 of 2006, has been allowed, and the respondent authorities have been directed to make payment of family pension to the applicant. 2. Learned counsel for the petitioners submits that learned Tribunal has erred in allowing the original application, and relies on the judgment of the Supreme Court reported in 2008 (2) SCC 108. 3. We have perused the materials on record and considered the submissions of the petitioners. It appears that the respondent’s late husband, Sita Ram, was initially appointed as a causal labour, a khalasi, in the Railway Establishment in the year 2 1964, and acquired the status of temporary Railway servant on 18.10.1975. He availed of all the rights and privileges of a temporary Railway servant. Thereafter he was screened and declared successful for regular absorption for Grade D post. He was found medically fit by a report dated 15.01.1981. A provident fund account in his name was opened in 1981. It is relevant to state that the late employee was given regular scale while he was in harness. He subsequently suffered from cancer, and was treated in Medical cancer Institute, NE Railway, Varanasi. He was admitted on 13.12.1989. He was released on 09.02.1990, and died in a train while he was on his return journey to his home in Bihar. The applicant was paid the proceeds of General Provident Fund admissible to her in the capacity of the widow of the late employee. 4. In the facts and circumstances of the case, we are of the view that the learned Tribunal has rightly allowed the original application and directed the respondent authorities to make payment of family pension to the applicant w.e.f. 09.02.1990. She will be entitled to interest on the entire arrears of family pension at the rate of 9%, from today, the date when we affirm the order of the learned Tribunal, till the date of payment. 5. The writ petition is dismissed. Sym/ (S.K.Katriar,J.) (Kishore K. Mandal, J.)