UNION OF INDIA Vs. UCHHAV KANWAR

JUDGEMENT

(1.) Challenge in this writ petition is to the order dated November 17th, 2005 rendered by the Central Administrative Tribunal, Jaipur Bench, Jaipur (here-in-after to be referred as the Tribunal), whereby the learned Tribunal allowed the Original Application filed by the applicant seeking family pension and issued direction to the non-applicants /petitioners to release the family pension to the applicant from due date in accordance with rules within a period of three months from the date of receipt of copy of said order.

(2.) The facts necessary for the disposal of the instant writ petition, in brief, are thus: The husband of the applicant-respondent no.1 was initially appointed on 25.9.1986 and was granted temporary status on 26.9.1987. At the time of initial appointment, he was medically examined on 25.12.1987 and found fit in such medical examination. The husband of the applicant expired on 6.7.1997 due to sickness. The husband of the applicant was regularized by the respondents along-with other casual labourers vide letter dated 4.9.1997 i.e. after the death. This order of regularization was issued under a Scheme issued by the Railways for regularization of about 56,000 casual labourers on roll as on 30.4.1996. The applicant submitted a representation for grant of family pension as her husband had worked for more than 3095 days and he died in harness, but the same remained unheeded.

(3.) Heard learned counsel for the parties and perused the relevant material on record including the impugned order passed by the learned Tribunal.