UNION OF INDIA Vs. RABIA BIKANER

JUDGEMENT

(1.) Leave granted.

(2.) The question of law that arises for determination is:whether the widow of a casual labourer in Railway Establishment, who died after putting in six months service and obtaining the status of a temporary workman but before his appointment to 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 v. Union of India, (1988) 2 SCR 138 at p. 144. This Court had held thus:

(3.) The Railway Board in its letter bearing S. No. 3214-Circular No. 720-E/0-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 regular employees on pensionable establishment. Since 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 years continuous service from the date he was absorbed against a regular temporary post".