Central Administrative Tribunal - Bangalore
Indramma M J Since Dead Reptd By Arpitha K ... vs Central Silk Board on 24 March, 2026
1
OA.No.170/00290/2024/CAT/BANGALORE
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00290/2024
ORDER RESERVED ON: 06.03.2026
DATE OF ORDER: 24.03.2026
CORAM:
HON'BLE MRS. JUSTICE S. SUJATHA, MEMBER (J)
HON'BLE DR. SANJIV KUMAR, MEMBER (A)
Smt. Indramma M.J. since dead by
LRs Mrs. Arpitha K, 31 years,
D/o Late S.K. Kalegowda, Ex-SFW (TS)
& W/o Shri Kumara, Melukote Hobli,
VTC Sunkathonnur, P.O Sunkathonnur,
Sub District Pandavapura, District Mandya,
Karnataka 571 434. ... Applicant
(By Advocate Shri Sampangi Ramaiah)
Vs.
1. The Joint Secretary (Silk),
Ministry of Textiles, Govt. of India,
Udyog Bhawan,
New Delhi - 110 011.
2. The Member - Secretary,
Central Silk Board,
(Ministry of Textiles - Govt. of India)
BTM Layout, Madiwala,
Digitally signed by
MikashaMikasha Suneja
Location: CAT
Bangalore
Suneja Date: 2026.03.26
17:54:53+05'30'
2
OA.No.170/00290/2024/CAT/BANGALORE
Bangalore - 560 068.
3. The Director,
Central Sericultural Research and Training Institute
Central Silk Board,
(Ministry of Textiles - Govt. of India)
Manandavadi Road, Srirampura,
Mysore - 570 008. ...Respondents
(By Shri Vishnu Bhat, Senior Panel Counsel)
ORDER
PER: JUSTICE S. SUJATHA, MEMBER (J)
This application is filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-
"(i) Issue a Writ in the nature of Mandamus or any other appropriate Writ, Order or Direction, directing the Respondents Board to consider the Applicant's prayer dated 26.02.2024 (Annexure-A5) to release the benefit of family pension and other consequential benefits in terms of CCS Pension Rules 1972 to the applicant w.e.f. the date of death of Late S.K. Kalegowda, Ex-SFW (T.S) by treating his service as deemed regularized as Group-D employee in accordance with DoPT OM dated 10.09.1993 (Annexure-A2) and Hon'ble Supreme Court judgment dated 29.11.1989 (Annexure-A1).
(ii) Pass any such other orders or issue such other directions as this Hon'ble Tribunal deems fit in Digitally signed by MikashaMikasha Suneja Location: CAT Bangalore Suneja Date: 2026.03.26 17:54:53+05'30' 3 OA.No.170/00290/2024/CAT/BANGALORE the facts & circumstances of the case in the interest of justice and equity."
2. Facts in brief as narrated by the applicant are that the applicant's husband Late S.K. Kalegowda was a Skilled Farm Worker conferred with the Temporary Status originally w.e.f. 01.07.2015 modified by the Hon'ble High Court of Karnataka as 19.03.2005 at Central Sericultural Research and Training Institute, Central Silk Board, Mysore. As per the Hon'ble Supreme Court judgment in the case of Jagrit Mazdoor Union (Regd.) & others vs. Mahanagar Telephone Nigam Ltd. & another (DD: 29.11.1989) reported in 1990 SCC Supl. 113, as well as Government of India's Order dated 10.09.1993, the casual labourers after rendering three years of continuous service with temporary status shall be treated at par with temporary Group 'D' employees and entitled to such benefits as are admissible to Group 'D' employees on regular basis. The applicant's husband S.K. Kalegowda expired on 22.05.2021 while in service i.e. during Covid-19 pandemic. The applicant being an illiterate was not aware of the rules, regulations, etc. She had to accept EPF family pension which is very meagre amount Digitally signed by MikashaMikasha Suneja Location: CAT Bangalore Suneja Date: 2026.03.26 17:54:53+05'30' 4 OA.No.170/00290/2024/CAT/BANGALORE of Rs.3640/- per month. After coming to know about her rights and eligibility about family pension in terms of CCS (Pension) Rules, 1972, she has requested the Respondent's Board vide an application dated 26/27.02.2024 for the same, but in vain. Hence, the OA.
3. Learned counsel Shri Sampangi Ramaiah representing the applicant submitted that the Respondent's Board did not regularize the services of the husband of the applicant after completion of three years' service under Temporary Status Scheme and not even brought under GPF Scheme even after working nearly six years under Temporary Status Scheme before his death. The applicant's husband had served the Board for 35 years, out of which, nearly six years under temporary status. Placing reliance on the decision of this Tribunal, Principal Bench in OA No.1789/2018 (Jagbiri Devi vs. M/o Communications) (DD: 15.10.2019), learned counsel submitted that it is not appropriate to deny family pension to the widow of late employee simply because the said employee was not regularized, even after rendering 11 years of temporary status service. Further, reliance is placed on the following judgments:- Digitally signed by
MikashaMikasha Suneja Location: CAT Bangalore Suneja Date: 2026.03.26 17:54:53+05'30' 5 OA.No.170/00290/2024/CAT/BANGALORE
a) Writ Petition (Civil) No. 5907/2017 & C.M. Appeal No. 24603/2017 [Union of India & others vs. Munni Devi] [DD:
06.01.2020]
b) Writ Petition No. 19130/2007 C/W Writ Petition No. 20513/2007 [Sri S. Ramesha & others vs. The Member Secretary, Central Silk Board] [DD:19.10.2022]
c) OA No. 190-219/2016 [Mudalaiah & others vs. Union of India & others] [DD: 23.10.2018] against which Writ Petition No. 325/2020 pending before the Hon'ble High Court of Karnataka.
d) OA No.189/2008 [S.K. Sharma vs. Union of India] [DD:
29.09.2023]
e) OA No. 147/2022 and connected matters [Santo Devi & others vs. The Secretary, ICAR, New Delhi & others] [DD:
25.08.2025]
f) Writ Petition (Civil) No. 11934/2015 [Kuntesh & Another vs. Union of India & Another] [DD: 01.03.2016]
g) Writ Petition (Civil) No. 3018/2012 [Sharda Devi vs. Union of India & others] [DD: 25.04.2013] Digitally signed by MikashaMikasha Suneja Location: CAT Bangalore Suneja Date: 2026.03.26 17:54:53+05'30' 6 OA.No.170/00290/2024/CAT/BANGALORE
4. Detailed reply statement has been filed on behalf of the respondents. Learned counsel Shri Vishnu Bhat representing the respondents submitted that the deceased husband of the applicant was granted temporary status w.e.f 01.07.2015. However, the same has been modified to 19.03.2005 in terms of the order passed by the Hon'ble High Court of Karnataka in Sri. S. Ramesha & others vs. Union of India (supra). The services of S.K. Kalegowda were never regularized during his lifetime and at the time of his death, he was working as a Skilled Farm worker in temporary status only. Hence, provisions of CCS (Pension) Rules, 1972 are not applicable to him. The applicant's husband was granted with daily wages on par with Group 'D' scale including DA, HRA and CCA. Besides, the Central Silk Board has extended the benefits of Employee Provident Fund (EPF), Employee Pension Scheme (EPS), Employee Deposit Linked Insurance Scheme (EDLIS) as applicable to the Industrial Farm Worker along with other benefits viz., payment of gratuity equivalent to one month's wages for every completed year of continuous service, medical allowance, etc. Despite the Board adopting the Temporary Status Scheme, 1993 to its farm workers Digitally signed by MikashaMikasha Suneja Location: CAT Bangalore Suneja Date: 2026.03.26 17:54:53+05'30' 7 OA.No.170/00290/2024/CAT/BANGALORE w.e.f. 01.07.2015 modified by the Hon'ble High Court of Karnataka as 19.03.2005, no regularization of SFW (TS) was undertaken due to the ban on filling up the post of MTS (erstwhile Group 'D') by the Ministry of Textiles vide letter dated 16.01.2014 (Annexure - R1) and due to surrendering/reduction in the overall sanctioned strength of Central Silk Board in compliance with the directions of the Cabinet Committee on Economic Affairs.
5. Learned counsel further submitted that the Writ Petition No. 325/2020 filed by the husband of the applicant inasmuch as regularization is pending before the Hon'ble High Court of Karnataka. Accordingly, seeks for dismissal of the OA.
6. We have carefully considered the submissions of the learned counsel appearing for the parties and perused the material on record.
7. The undisputed facts are that the applicant's husband Late S.K. Kalegowda was conferred with the temporary status w.e.f. 01.07.2015. A reference was made by the Central Government before the Labour Court by exercising the powers Digitally signed by MikashaMikasha Suneja Location: CAT Bangalore Suneja Date: 2026.03.26 17:54:53+05'30' 8 OA.No.170/00290/2024/CAT/BANGALORE under Section 10 (2A)(d) of the Industrial Disputes Act, 1947 which reads as under:-
" Whether the claim of the Central Silk Board Employees' Union to adopt the Casual Labourers (Grant of Temporary Status and Regularization) Scheme of Government of India, 1993 (for short 'the Scheme') and Pay scales of the 5th Pay Commission in respect of casual and timescale farm workers by the Management of Central Silk Board, Bangalore, is justified? If not, to what relief the workmen are entitled to?"
8. The Labour Court was pleased to dismiss the reference by passing the judgment in C.R. No. 122/1999 dated 19.09.2007 which was assailed in Writ Petition No.19130/2007 and connected matter before the Hon'ble High Court of Karnataka. Applicant's husband, S.K. Kalegowda was at Serial No.6 in Writ Petition No. 19130/2007. The relevant paragraphs of the said Writ Petition order is extracted here under for ready reference:-
"19. In the instant case, it is an undisputed fact that pursuant to the report submitted by the Committee, the Respondent - Board in its 115th Meeting dated 19.03.2005 passed an unanimous Resolution resolving and deciding to implement the scheme in favour of the workmen of the Respondent - Board. The said Resolution passed by the Respondent - Board was approved by the Central Government vide approval dated 25.11.2005 and vide Communications dated Digitally signed by MikashaMikasha Suneja Location: CAT Bangalore Suneja Date: 2026.03.26 17:54:53+05'30' 9 OA.No.170/00290/2024/CAT/BANGALORE 15.12.2005 and 10.01.2006, both the Central Government and Respondent - Board granted approval for extension of the scheme in favour of the workmen. Under these circumstances, the Labour Court was fully empowered and authorised to make / pass an award implementing and extending the benefit of the scheme to the workmen also.
20. As stated supra, despite having approved and granted the benefit of the scheme in favour of the workmen, the Central Government chose to unilaterally withdraw the same by passing the impugned order by issuing the communication dated 20.01.2006 followed by the Board's Circular dated 01.02.2006 without assigning any reason whatsoever and the same is illegal and arbitrary withdrawal is another circumstance leading to the sole conclusion that the workmen would be entitled to extension of the benefit of the scheme by extending the benefit of the scheme from 19.03.2005 onwards when the Respondent - Board resolved and decided to implement the scheme in favour of the workmen.
21. To put it differently, having regard to the undisputed fact that the Committee submitted a favourable report recommending implementation of the scheme which was accepted by the Respondent- Board which passed a Resolution on 19.03.2005, pursuant to which, the Central Government granted approval on 25.11.2005 which was thereafter accepted and confirmed by the Respondent - Board by issuing Circulars dated 15.12.2005 and 10.01.2006, I am of the considered opinion that in the peculiar / special facts and circumstances of the instant case, it would be just and appropriate to direct implementation of the scheme with retrospective effect from 19.03.2005 when Digitally signed by MikashaMikasha Suneja Location: CAT Bangalore Suneja Date: 2026.03.26 17:54:53+05'30' 10 OA.No.170/00290/2024/CAT/BANGALORE the Respondent - Board resolved to implement the scheme in favour of the workmen.
22. The material on record also undisputedly establishes that during the pendency of the present petitions, the Central Government extended the benefit of the scheme on 11.06.2015 and the same has not been withdrawn. Viewed from this angle also, it is necessary to pass an award by extending the benefit of the scheme in favour of the petitioners from 25.11.2005 when the Central Government granted approval."
9. The operative portion of the order reads thus:-
"28. In the result, I pass the following:-
ORDER
(i) Both the petitions are partly allowed.
(ii) The impugned judgment and award dated 19.09.2007 passed in C.R.No.122/1999 by the Central Government Industrial Tribunal - cum-
Labour Court is hereby set aside.
(iii) The reference dated 16.11.1999 made by the Central Government stands allowed in part;
(iv) The Respondent - Board is hereby directed to implement, grant and extend the Casual Labourers (Grant of Temporary Status and Regularisation) Scheme of Government of India, 1993, in favour of the petitioners and all other workmen of the Respondent - Board together with all benefits accruing there from for the period from 19.03.2005 onwards and settle all the dues in their favour as expeditiously as possible and within a period of three months from the date of receipt of a copy of this order." Digitally signed by MikashaMikasha Suneja Location: CAT Bangalore Suneja Date: 2026.03.26 17:54:53+05'30' 11 OA.No.170/00290/2024/CAT/BANGALORE
10. This judgment was challenged by Central Silk Board in Writ Appeal No. 260/2023 along with Writ Appeal No. 468/2023 filed by the Secretary, Central Silk Board Employees Union arising out of the order dated 19.10.2022 in Writ Petition No. 20513/2007 before the Division Bench of the Hon'ble High Court of Karnataka and CCC No. 950/2023 filed by the Secretary, Central Silk Board Employees Union alleging disobedience of the order dated 19.10.2022 in Writ Petition No. 20513/2007 which came to be disposed of vide common order dated 05.11.2025. The relevant paragraph of the said order is quoted here under for reference:-
"16. We notice that the Union has filed an appeal against the judgment on the ground that the resolution passed by the Board in its meeting held on 19.03.2005 was to extend the benefit of the Scheme. It is therefore contended that the Timescale Farm Workers working in the Board were entitled to the benefit of the Scheme with effect from 1993 itself and the limiting of the benefit from 19.03.2005 is therefore not proper."
11. Having analysed the matter, the Division Bench has dismissed both the Writ Appeals No. 260/2023 and 468/2023, closing the Contempt Case No. 950/2023 observing that no ground found to interfere in the exercise of discretion by the Digitally signed by MikashaMikasha Suneja Location: CAT Bangalore Suneja Date: 2026.03.26 17:54:53+05'30' 12 OA.No.170/00290/2024/CAT/BANGALORE learned Single Judge. Further directing that necessary action to be taken within a period of three months of receipt of certified copy of the said order. Thus, granting of temporary status to the applicant's husband, Late Shri K.S. Kalegowda is confirmed to be w.e.f. 19.03.2005.
12. In this background, we have examined the judgments relied upon by the learned counsel appearing for the applicant. The major distinction that could be made from the so referred cases, relates to the date of granting of temporary status to the employee. The same is tabulated hereunder:-
Sl. Case Details Date of grant of Date of death of No. Temporary Status the employee 1 Union of India & others vs. w.e.f. 29.11.1989 23.09.2004 Munni Devi 2 S.K. Sharma vs. Union of 29.11.1989 07.12.1994 India 3 Santo Devi & others vs. The w.e.f. 01.09.1993 07.08.2009 Secretary, ICAR, New vide order dated Delhi & others 03.01.1995 4 Kuntesh & Another vs. 01.12.1993 28.03.2012 Union of India & Another 5 Sharda Devi vs. Union of 29.11.1989 25.12.2006 India 6 Jagbiri Devi vs. M/o w.e.f. 29.11.1989 30.11.2000 Communications vide order dated 30.09.1991 Digitally signed by MikashaMikasha Suneja Location: CAT Bangalore Suneja Date: 2026.03.26 17:54:53+05'30' 13 OA.No.170/00290/2024/CAT/BANGALORE
13. It is ex-facie apparent that in all the aforesaid judgments, temporary status was conferred on the respective employees on or before 01.01.2004, who died in harness before their regularization after serving for good number of years. As such, there is no cavil on granting of family pension to the widow of the respective deceased employee, notwithstanding no regularization but in the present case, the temporary status has been given w.e.f. 19.03.2005 in terms of the order of the Hon'ble High Court of Karnataka, referred to supra.
14. No citation is placed on record to establish the case where the widow of an employee is made eligible for the family pension under CCS (Pension) Rules, 1972 notwithstanding temporary status granted to the employee subsequent to 01.01.2004. Hence, the aforesaid judgments would be of little assistance to the applicant since an employee can be treated on par with Group 'D' employee after rendering three years of service subsequent to grant of temporary status in terms of the Scheme dated 10.09.1993 issued by the DoPT. CCS (Pension) Rules, 1972 makes it clear that the said Rules regulate retirement benefits for Central Government employees appointed before 1st Digitally signed by MikashaMikasha Suneja Location: CAT Bangalore Suneja Date: 2026.03.26 17:54:53+05'30' 14 OA.No.170/00290/2024/CAT/BANGALORE January, 2004. In view of temporary status given w.e.f 19.03.2005 in terms of the order of the Hon'ble High Court of Karnataka, the applicant's case cannot be considered under the CCS (Pension) Rules, 1972.
15. Learned counsel for the applicant has placed strong reliance on DoPT OM dated 28.07.2016 to contend that Old Pension Scheme is applicable to all those casual labourers who are covered under the Scheme of 10.09.1993 even if they have been regularized on or after 01.01.2004. As held by the Hon'ble High Court of Karnataka in Writ Petition No.19130/2007 confirmed by the Division Bench in Writ Appeal No.260/2023, the 1993 Scheme has been directed to be implemented w.e.f. 19.03.2005 when the respondent Board resolved to adopt the Scheme in favour of the workmen. Hence, this OM dated 28.07.2016 would not be applicable to the applicant. It is not in dispute that the benefits have been extended to the applicant's husband on par with regular Group 'D' scale including DA, HRA, CCA and further family pension is accorded to the applicant under the EPF Scheme.
Digitally signed by MikashaMikasha Suneja Location: CAT Bangalore Suneja Date: 2026.03.26 17:54:53+05'30' 15 OA.No.170/00290/2024/CAT/BANGALORE
16. The judgment in Jagrit Mazdoor Union (supra) is not applicable to the facts of the present case as the deceased husband of the applicant was getting the benefits of temporary status, but the services were never regularized. Para 3 of the DoPT Policy on the Grant of Temporary Status and Regularization Scheme of Government of India, 1993 clearly stipulates that the said Scheme is applicable to casual labourers in employment of the Ministries / Departments of Government of India and their attached and subordinate offices, on the date of issue of the said orders. But it shall not be applicable to casual workers in Railways, Department of Telecommunication and Department of Posts who already have their own schemes. Hence, the Central Silk Board having its own Scheme and the Scheme being made applicable to the Central Silk Board w.e.f. 19.03.2005 (date of adoption of the Scheme) in terms of the order of the Hon'ble High Court of Karnataka referred to supra, in our considered view, the applicant is not entitled for family pension under CCS (Pension) Rules, 1972.
17. However, it is significant to note that Writ Petition No. 325/2020 filed by the applicant's husband Late S.K. Kalegowda Digitally signed by MikashaMikasha Suneja Location: CAT Bangalore Suneja Date: 2026.03.26 17:54:53+05'30' 16 OA.No.170/00290/2024/CAT/BANGALORE along with others seeking regularization is pending before the Hon'ble High Court of Karnataka. Hence, it is needless to observe that this order shall be subject to result of Writ Petition No. 325/2020 pending before the Hon'ble High Court of Karnataka.
18. Resultantly, OA stands disposed of in terms of above, subject to the result of Writ Petition No. 325/2020 pending before the Hon'ble High Court of Karnataka.
No order as to costs.
Sd/- Sd/-
(DR. SANJIV KUMAR) (JUSTICE S. SUJATHA)
MEMBER (A) MEMBER (J)
/ms/
Digitally signed by
MikashaMikasha Suneja
Location: CAT
Bangalore
Suneja Date: 2026.03.26
17:54:53+05'30'