UNION OF INDIA Vs. REKHA MAJHI

JUDGEMENT

(1.) The sole question that arises in this case is whether the respondent herein is entitled to dearness relief on the family pension admissible to her even after getting appointment on compassionate ground in the railways.

(2.) It is not disputed that the husband of the respondent was a railway employee and he died in harness. It is also not disputed that the family pension as well as gratuity, provident fund and all other retirement benefits which were admissible to the husband of the respondent were given to her. In addition to that, the railways gave compassionate appointment to the respondent. The respondent continued to draw salary as a railway employee as well as family pension till 25th January, 1994 when it was discovered that the respondent was not entitled to draw two dearness reliefs i.e. one on the salary and the other on the family pension. Consequently, the appellants refixed the family pension of the respondent after deducting dearness reliefs and issued orders for recovery of dearness relief paid to her on family pension. Aggrieved by this order the respondent filed an O.A. before the Central Administrative Tribunal, Calcutta. The Tribunal was of the view that since the respondent was not re-employed as contemplated under Rule 21(ii) of the Rules, she was entitled to draw dearness relief on the salary as well as on the family pension. Consequently, the O.A. was allowed. It is against this order the appellants are in appeal before this Court.

(3.) Rule 21 of the Railways Services (Pension) Rules, 1993 reads thus :