(1.) The writ petitioner Roshni was the wife of deceased Ram Kishan who was appointed as a Casual Labour on 9.1.1984, granted temporary status and grade on 1.7.1985 and expired on 20.10.1994. He was serving as Casual Labour Gangman with temporary status at the time of his death. He left behind his wife, a minor son and a daughter. The writ petitioner was appointed as a Casual Labour on compassionate grounds.
(2.) The Tribunal rejected the claim of the writ petitioner for family pension on the ground that Rule 18 of the Railway Service (Pension) Rules, 1993 mandates 10 years of temporary service of an employee who died in harness for the family members to get family pension.
(3.) It was submitted by learned counsel appearing for the writ petitioner that Rule 18 of Railway Service (Pension) Rules, 1993 would apply only to temporary Railway servants who retired on superannuation. It is his submission that as per Rule 75(2)(a) of Railway Service (Pension) Rules, 1993, the family members of a deceased employee who has completed 1 year of continuous service is entitled to family pension. Even otherwise, an employee who has put in 3 years of continuous service with temporary status shall be treated at par with temporary Grade-D employee and thereby, entitled to all benefits as are admissible to Group-D employees on regular basis.