MARIAMMAL Vs. REGISTRAR

JUDGEMENT

(1.) THE petitioner has filed this writ petition praying for a writ of certiorarified mandamus calling for the records of the first respondent pertaining to the order dated 30-06-1999 made in O.A.No.737 of 1997 as confirmed in R.A.No.44 of 1999 dated 05-04-2000 dismissing the original application for the grant of family pension to the petitioner w.e.f.29-08-1986 and set aside the same and allow the Original Application and direct the 2nd respondent to sanction and pay family pension to the petitioner w.e.f. 29-08-1986.

(2.) THE petitioner is the wife of Late Shanmugham, who died on 28-08-1986 and who was initially appointed as a Casual Labour with the second respondent. By order dated 06-09-1974, the respondents have granted a temporary status to the deceased Shanmugham and unfortunately, his service was not regularised till his death. THEreafter, the petitioner has filed an application for grant of family pension. It was rejected by the second respondent on the sole ground that the deceased husband of the petitioner was only a temporary casual labour and hence, she is not entitled to the family pension. Aggrieved by this order, the petitioner approached the first respondent by filing O.A.NO.737 of 1997. THE first respondent dismissed the application with an observation that the matter requires special consideration and left it open to the second respondent to give due consideration to the case on hand, placing reliance upon the law laid down by the Supreme Court in SLP(Civil)Nos.3341/93 And 10951/95(UOI and others Vs. Sukanti and another etc.) and the judgments rendered in Ram Kumar And Others V. Uoi And Others (1988 (2) Scr 139). Against this, the present writ petition is filed.

(3.) THE learned counsel for the respondents have filed their counter and would have no explanation for the non-regularisation of the service of the deceased-husband of the petitioner, though temporary status was granted in the year 1974 itself.