UNIONOF INDIA Vs. SANTOSH

JUDGEMENT

(1.) VIDE order dated 8th August, 2006 passed in OA No. 165/2006 the central Administrative Tribunal, Principal Bench, New Delhi (for short hereinafter referred to as "tribunal") has directed the Petitioner to accord family pension to the Respondent from the due date along with all arrears within a period of two months. Being aggrieved by this order, Petitioner has filed this writ petition praying therein that the order passed by the Tribunal be quashed.

(2.) RESPONDENT's case as set up before the Tribunal is that her late husband Shri Chottey Lal was appointed as Khallasi with the Petitioner on casual basis. On completion of 120 days he was granted temporary status arid regular pay scale. Thereafter, he was screened and declared medically fit in B-1 category. In the year 1990 he was considered for regularization, but before completion of process of regularization he unfortunately died on 22nd May, 1991 in a train accident while performing his duties. Claim of the Respondent for grant of family pension was illegally rejected by the petitioner vide order dated 6th December, 2004 on the ground that Shri chottey Lal was riot a regular employee.

(3.) AS per the Petitioner, Shri Chottey Lal was appointed as casual labour on 5th May, 1984 and after completion of 120 days he was engaged as substitute C and W Khallasi. Screening of Shri Chottey Lal was to be held in the year 1993 along with others, but unfortunately he expired on 22nd may, 1991. At the time of his death, Shri Chottey Lal was a casual labour and his widow was not entitled to family pension.