UNION OF INDIA Vs. RAJ BETI

JUDGEMENT

(1.) The undisputed facts are that late Shri Ram Singh, the husband of the respondent, after screening, was regularly appointed as a Gangman by the Indian Railways on May 02, 1981. While on duty, and probably checking the railway line, on December 24, 1987 he was hit by train No.4681, Ludhiana Express. In spite of prolonged medical treatment he could not recover and being declared medically unfit for further service was relieved from service on September 22, 1989. He could not survive the injuries and died a slow and painful death on November 29, 1992.

(2.) We have recorded aforesaid facts as not being in dispute notwithstanding an attempt made by learned counsel for the petitioners to urge that there is no evidence that late Shri Ram Singh was on duty when he was hit by train No.4681, Ludhiana Express, for the reason in the counter-reply filed by the petitioners before the Central Administrative Tribunal to OA No.3570/2011 filed by the respondent, in para (X) the petitioner has admitted as under:-

(3.) Unfortunately for Ram Singh and his wife, the respondent, the Indian Railways did not have any Rules akin to the CCS (Extraordinary Pension) Rules 1972 as per which if a Government servant is incapacitated while on duty due to an accident he is sanctioned an extraordinary pension and if he dies a family pension is sanctioned.