RUKHIBEN RUPABHAI Vs. UNION OF INDIA

JUDGEMENT

(1.) This group of five cases (S.C.A.No. 15807/03 Smt. Rukhiben Rupabhai, widow Rupabhai Megabhai V/s. Union of India & Ors., S.C.A. No. 4776/04 Mrs. Valliamma Armugam, widow of Kalian Muthuswamy V/s. Union of India & Ors., S.C.A.No.5641/04 : Smt. Sakudi B.Damor, widow of Bhikhabhai Virsinh V/s. Union of India & Ors., S.C.A.No.5770/04 : Smt. Puniben M. Mandora, widow of Mathurbhai Mandora V/s. Union of India & Ors., S.C.A.No.15808/03 : Mrs. Chandra Muthuswamy, widow of Vishwalingam Chidambaram V/s. Union of India & Ors.) is proposed to be decided by this Judgment, since the question involved for consideration and determination is same, except slight variation in S.C.A.No. 15808/03, Mrs. Chandra Muthuswamy, widow of Vishwalingan Chidambaran V/s. Union of India & Ors., where employee was initially Casual Labourer for approximately ten years, thereafter appointed Substitute,

(2.) However, before dealing with the precise submissions advanced by the learned counsel for the respective parties, desirable it would be to make mention of material facts of these Petitions. S.C.A. NO. 15807/03:

(3.) Shri Rupabhai Megabhai (deceased) was in the service of respondents since 1972 to 1986, He died in harness leaving behind the widow and the children. The family has no other source of income, It was fully dependent on relatives. After the death of her husband, petitioner was not paid family pension, therefore, she approached the Central Administrative Tribunal (CAT), Ahmedabad Bench, through Original Application No. 129 of 2002 stating that in the similar case of widow of Casual Labourer with temporary status, family pension had been granted by the Tribunal, the appeal (S.C.A. No. 12456/03) against the said decision having been rejected by this Court, therefore, respondents be directed to grant her family pension on similar lines, CAT did not follow the precedent since this Court did not decide the S.C.A.No.12456/03 on merits, The husband of petitioner was granted temporary status, There was no Justification for his non-absorption as permanent employee of the Railways. Temporary status employees are to be treated at par with the temporary employees of the Railways, therefore, they are entitled to same benefits, including family pension.