K GNANAMBA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the wife of K. Srinivasan since deceased claiming pensionary benefits. The petitioner's husband joined as casual labourer and worked in that capacity in the construction wing from 1-1-1956 to 31-3-1973. He was appointed as regular lascar from 1-4-1973 and retired on 31-7-1978. He was not given any pensionary benefits. He filed OA No. 1230 of 1998 before the Central Administrative Tribunal. During pendency of the said application he died on 29-3-1999 and the petitioner herein was substituted in his place. The learned Tribunal in the impugned order dated 27-9-1999 rejected the submission of the petitioner herein in the following terms:

(2.) Ms. S. Thripura Sundari, the learned Counsel appearing on behalf of the petitioner inter alia submitted that having regard to the provisions of Rule 31 of the Railway Services (Pension) Rules, 1993 (for short 'the Rules') the petitioner's husband was entitled to pensionary benefits. Mr. R.S. Murthy appearing on behalf of the respondents, on the other hand, submitted that Rule 31 has no application in the instant case and that the Central Government has brought out a scheme for the said purpose with effect from 1-1-1981.

(3.) It is not in dispute that the petitioner's husband retired as a regular laskar in group D post on 31-7-1978 i.e.., much prior to the aforementioned scheme dated 1-1-1981 came into force as a result whereof a temporary status had been given to the project casual labourers. Rule 31 of the Rules reads thus: