Union of India Ors Vs. Rabia Bikaner  INSC 558 (7 July 1997)
RAMASWAMY, D.P. WADHWA.
W I T
H CIVIL APPEAL NO 4374-4378 OF 1997 (Arising out of SLP (C) Nos.7397, 7229,
9065, 9096 and 5731 of 1997) O R D E R Leave granted.
question of law that arises for determination is:
the widow of a casual labourer in Railway Establishment, who died after putting
in six month's service and obtaining the status of a temporary post after
screening is entitled to family pension under the 1964 Family Pension Scheme?
This question was considered by a Bench of this Court in Ram Kumar vs. Union of
India [(1988) 2 SCR 138 at 144] this Court hold held thus:
is the stand of the learned Additional Solicitor General that no pensionary
benefits are admissible even to temporary railway servants and, therefore, that
retiral advantage is not available to casual labour acquiring temporary status.
We have been shown the different provisions in the Railway Establishment Manual
as also the different orders and directions issued by the Administration. We
agree with the learned Additional Solicitor General that retiral benefit of
pension is not admissible to either category of employees." The Railway
Board in its letter bearing S.no.3214- Circular no. 720-E/O-IX (Pension) dated October 26, 1965 after examining the question, had
stated that "the Family Pension Scheme for Railways employees, 1964 is
applicable in the case of Railways employees, 1964 is applicable in the case of
regular employees on pensionable establishment.
the casual labourers will be brought on to the pensionable establishment only
on their absorption against regular temporary posts, it follows that they will
come under the purview of the scheme from the date of their absorption against
the regular temporary posts. In other words, the benefits of the Family Pension
Scheme for Railway Employees, 1964 will be admissible in the case of death of
such an employee while in service, only if he had completed a minimum period of
one year's continuous service from the date he was adsorbed against a regular
contended by the learned counsel for the respondent-widows by the learned
counsel that under paragraph 2511-"Rights and Privileges admissible to the
casual labourers who are treated as temporary after completion of six months
continuous service" - of the Railway pension. We find it difficult to give
acceptance to the contention. It is seen that every casual labourer employed to
temporary status. Thereafter, they will be empanelled. After empanelment, they
are required to be screened by the competent authority and as and when
vacancies for temporary posts in the regular establishment are available, they
should be appointed in the order of merit after screening. On their appointment,
they in the temporary post. In view of the above position, if any of those
employees who had put in the required minimum service of one year, that too
after the appointment to the temporary post, died while in service, his widow
would be eligible to pension under the Family Pension Scheme, 1964. In all
these cases, though some of them have been screened, yet appointments were not
given since the temporary posts obviously were not available or in some cases
they were not even eligible for screening because the posts become available
after the death. Under these circumstance, the respondent-widows are not
eligible to the family pension benefits.
learned counsel strongly relied upon the judgment in Pradhavati Devi vs. Union
of India [(1996) 7 SCC 27 ].
the facts were that from the year 1981 to April 27, 1993, the husband of the
appellant had worked as casual worked as casual worker and obtained the status
of substitute who were worker and obtained the status of substitutes who were
working, as defined under Rule 2315 of the Railway Establishment Manual, in a
regular establishment on a regular scale of pay and allowances applicable to
those posts in which they were employed, Since he died while working in the
regular post, his widow became eligible to claim the benefits of the pension
scheme. Thus, in that case, the appellant's husband was a substitute working in
a regular scale of pay in the railway establishment.
he was screened and was also appointed to the temporary post, he was treated as
substitute went on leave.
these circumstances, this Court had held that widow of such employee is
entitled to the benefit of the family pension. The above ratio is inapplicable
to the cases referred to hereinbefore. The question also was considered in a
recent judgment of this Court in Union of India vs. Sukanti & Anr. [SLP (C)
No.3341/93 etc. decided on July 30, 1996]
wherein relying on the ratiral benefit was available to the widow of the casual
labour of the who had not been regularised fill his death. Thus, we hold that
the view taken by the Tribunals in granting the pensionary benefits to the
respondents is clearly illegal.
appeals are accordingly allowed and the O.As. stand dismissed, but in the
circumstances, without costs. However, if any amounts have already been paid
pursuant to the orders of the Tribunal, the same may be recovered from them.