SK MASTAN BEE Vs. UNION OF INDIA

JUDGEMENT

(1.) This is Public Interest Litigation case taken up at the instance of the Andhra Pradesh State Legal Aid and Advice Board, Hyderabad.

(2.) Smt. S. K. Mastan bee, wife of late Sheik Abdul Quadir, is the petitioner herein. Her husband joined in the service of the South Central Railway on 12-12-1964 as a Gangman and was working at Bitragunta. Undisputedly the post of Gangman is pensionable post. On 4-11-1969 the petitioner's husband was examined by the Divisional Medical Officer, Vijayawada, to ascertain whether he was medically fit to render further service under the Railways. The Divisional Medical Officer after examining him declared that he was unfit for any further service under the Railways. He gave a certificate to that effect. Prior to this, the petitioner's husband was on leave.

(3.) According to the petitioner, her husband died while on medical leave on 21-11-1969. It appears that the petitioner was paid gratuity amount of Rs.420/- during 1970. According to the Railways, that is the only benefit to which she is entitled to under the Rules. According to the petitioner, she is also entitled to family pension under the then existing Rules also.