SOMOTI DAI Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner Mr. Ravi Shankar Sharma.

(2.) THE petitioner is the widow of deceased Shreeram who was initially appointed on the post of T. S. Gangman in the office of PWI (CTR) Sawai Madhopur on 21. 3. 83. He was granted the temporary status on 19. 10. 84. He continued to work as 1. S. Gangman till 14. 3. 89. A copy of death certificated dated 14. 3. 89 has been filed and marked as Annex. R/4 to the petition. While working on the said post, petitioner's husband died on 13. 3. 89. THE petitioner submitted a representation on 13. 7. 89 for grant of family pension which was rejected by Divisional Railway Manager, Western Railway, Kota Division, Kota on the ground that petitioner's husband was only a temporary status holder and was not a regular employee of the Railway. According to the petitioner casual labourer namely her husband is entitled to the protection of para 2511 (A) of the Indian Railway Establishment Manual which provides as under:- " (A) Casual labour treated as temporary are entitled to all the rights and privileges admissible to temporary Railway servants as laid down in Chapter XXIII of the Indian Railway Establishment Manual. THE rights and privileges admissible to such labour also includes the benefits of the discipline and appeal Rules. THEir services, prior to the date of completion of six Month's continuous service will not, however, count for any purposes like reckoning of retirement benefits, seniority etc. Such casual labour can carry forward the leave at his credit to the new post on absorption in regular services. "