Rajasthan High Court - Jodhpur
Union Of India & Ors vs Smt.Jubeda & Anr on 11 April, 2017
Bench: Chief Justice, Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 1732 / 2007
1. Union Of India through General Manager, North Western
Railway, Head Quarter Building, Jaipur (Rajasthan).
2. Divisional Personnel Officer, North Western Railway, Bikaner
Division, Bikaner (Rajasthan).
3. Divisional Engineer, North Western Railway, Bikaner
(Rajasthan).
----Petitioners
Versus
1. Smt.Jubeda W/o Late Shri Mangtuddin, R/o Near Dudi Petrol
Pump, Dharamkata, Gajner Road, Bikaner (Rajasthan).
2. Central Administrative Tribunal, Jodhpur Bench, Jodhpur
through its Registrar.
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. Kamal Dave
_____________________________________________________
HON'BLE THE CHIEF JUSTICE
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment 11/04/2017
1. The issue raised in the instant writ petition has been decided by the Supreme Court in the decision reported as 2008 (2) SCC 108; General Manager, North Western Railway & Ors. Vs. Chanda Devi. The decision holds that Casual Labour with temporary status would not be entitled to pension and as a consequence no family pension would be payable to the widow. It is only where a Casual Labour having acquired temporary status is regularized in service, pension has to be disbursed and qualifying service would be determined by taking half the period rendered as an employee with a temporary status and full period after being (2 of 2) [CW-1732/2007] made permanent.
2. In the instant case husband of the respondent acquired temporary status and unfortunately died before entitlement to be made regular/permanent would have ensued. The writ petition is allowed. The impugned judgment dated October 11, 2006 passed by the Central Administrative Tribunal, Jodhpur is set aside. The Original Application No.53/2006 filed by the respondent is dismissed.
3. No costs.
(DR.PUSHPENDRA SINGH BHATI)J. (PRADEEP NANDRAJOG)CJ. zeeshan/