Union Of India Ors vs Rabia Bikaner Etc on 7 July, 1997
6. As per the Rules and'law, an employee >is entitled to pension and
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pensionary benefits after retirement if .such-employee* was a regular employee
working in pensionable establishment^and'obviously upon the death of such
govt servant, his/her spouse is also entitled to family pension and other
pensionary benefits. It is not the case of the applicant that her husband was a
regular employee ncr he has produced any evidence that family pension.has been
allowed to the widow after the death of her husband while working in railway on
casual basis. There is no ambiguity in the pension rules of the railway to the above
extent. I am fortified by the decision of Hon'ble Supreme Court in case of Union
of India and Ors, v. Rabia Bikaner and Ors., 1997 SCC (L&S;) 1524 :1998(1) SU
181 (SC), wherein it has been held that the widow of a casual labourer with
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temporary status but not yet appointed to a temporary post is not entitled to
family pension. The relevant portion of the same is extracted as under: