Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Railway Establishment Manual-Chapter XX rr. 2001 2005-Casual labour-Attaining temporary status-Pensionary benefits (family pension)-Entitlement-Held: The employee was not c entitled to benefit of pensionary benefits under the Pension Rules- There is distinction between casual labour having temporary status and a temporary employee-Moreover if already granted-Railway Services (Pension) D Rules 2002 1950-Article 142. the process for regularization . had started after the death of the employee-Direction for not recovering any benefit 1993-Constitution of India |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Railway Establishment Manual - Chapter XX rr. 2001, 2002, 2005 - Casual labour - Attaining temporary status - Pensionary benefits (family pension) - Entitlement - Held: The employee was not entitled to benefit of pensionary benefits under the Pension Rules - There is distinction between casual labour having temporary status and a temporary employee - Moreover, the process for regularization had started after the death of the employee - Direction for not recovering any benefit, if already granted - Railway Services (Pension) Rules, 1993 - Constitution of India, 1950 - Article 142. Husband of respondent No.1 was appointed as a project casual labour. In a writ petition seeking regularization of similarly situated employees, a scheme for regularization was suggested and the same was accepted by the Court, making the scheme effective w.e.f. 1.1.1981. Railway Administration, in terms of the Scheme, issued an Office Order for considering the casual workers as temporary employees. Name of the husband of respondent No.1 was specifically mentioned in the Order. By another Circular date of applicability of the Scheme was made effective from 11.3.1983. Thereafter, in 1983 husband of respondent No. 1 expired. Respondent No.1 applied for compassionate appointment. It was rejected on the ground that as per Railway Rules, pension was not admissible to substitute temporary employees. She filed original application questioning the validity of the Rules. Central Administrative Tribunal allowed the same. Writ Petition filed thereagainst was dismissed by High Court. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1276 |
Petitioner | General Manager, North West Railway & Ors. |
Respondent | Chanda Devi |
SCR | [2007] 13 S.C.R. 403 |
Judgement Date | 2007-12-12 |
Case Number | 5833 |
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