PRABHAVATI DEVI versus UNION OF INDIA AND ORS.

PRABHAVATI DEVI versus UNION OF INDIA AND ORS.

A 'substitute' railway worker who worked beyond six months acquired temporary status before his death, rendering his wife and children eligible for family pension as per the relevant paragraphs of the Indian Railway Establishment Manual and Railway Pension Rules.

Parties
Appellant: Prabhavati Devi; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
16 November 1995
Procedural Posture
Civil Appeal / Appeal From the Order of Central Administrative Tribunal, Patna
Outcome
Appeal allowed; Tribunal's orders set aside.
Legal Topics
Family Pension, Temporary Status, Railway Establishment Manual
Service Law Family Pension Temporary Status Railway Establishment Manual

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Parties

Prabhavati Devi

Appellant

Union of India and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From the Order of Central Administrative Tribunal, Patna

Legal Issues

  1. 1 Whether the family of a 'substitute' railway employee who acquired temporary status is entitled to family pension after his demise

Ratio Decidendi

A 'substitute' railway worker who worked beyond six months acquired temporary status before his death, rendering his wife and children eligible for family pension as per the relevant paragraphs of the Indian Railway Establishment Manual and Railway Pension Rules.

Court Disposition

Appeal allowed; Tribunal's orders set aside.

Orders

  • Railway to work out and deliver family pension and arrears to the appellant within specified time limits.
  • Interest at 12% per annum from date due till payment.