Ground Of Delay Not Applicable In Grant Of Pension: Punjab & Haryana High Court Grants Relief To Widow Of Deceased Govt. Employee

The Punjab & Haryana High Court while reiterating that the ground of delay is not applicable in grant of pension has granted relief to widow of a government employee with temporary status who has rendered 16 years of service before dying during its course.

The Court was considering a Writ Petition against an passed by the Central Administrative Tribunal, by which, the benefit of pension has been granted in favour of Respondent No.2 after her husband, who was the employee of the Railway, died while being in service and that too in a railway accident.

The division bench of Justice Harsimran Singh Sethi and Justice Vikas Suri observed, "Keeping in view the totality of the circumstances, once after getting the temporary status, the husband of the respondent No.2 rendered 16 years of service and merely that he was not screened by the petitioners during the said period will not take away the right of respondent No.1 to get the benefit of pension, which is concededly granted to a temporary employee after he/she has rendered 10 years of service."

The Petitioner was represented by Advocate Ashish Rawal while the Respondent was represented by Advocate Karnail Singh.

Facts of the Case

Counsel for the Petitioners submitted that though, the husband of Respondent No.2 was appointed as casual employee in the year 1978 and in the year 1983, he was granted the temporary status and while on duty in February, 1999, he died in a railway accident but before his death, he was not screened and therefore, grant of benefit of pension without screening could not have been allowed in favour of Respondent No.2.

Reasoning By Court

The Court at the outset pointed out that a casual labourer is entitled for the grant of family pension under Family Pension Scheme, 1964 upon their absorption against a temporary post in regular establishment provided and they have put in six months as a casual labourer so as to get entitled for temporary status and one year on the subsequent temporary post.

Further noting that the only arguments which have been raised by the Counsel for the Petitioners is that the husband of Respondent No.2 was not screened before he unfortunately died while in service, the Court observed, "It may be noticed that there was a period of 16 years available with the petitioners to screen the husband of respondent No.2 after granting him the temporary status in the year 1983. The petitioners never screened the husband of respondent No.2 during the said period and nothing has come on record to show that there were no post available which could justify the act of the petitioners so as not to screen the employee.

It thus stated that the husband of Respondent No.2 died while being on duty and that too in a railway accident and that being so, denying the benefit of pension to Respondent No.2 is totally arbitrary and illegal and contrary to the Family Pension Scheme of 1964.

"It may be noticed that as per the settled principle of law settled by the Hon’ble Supreme Court of India in Civil Appeal No.4100 of 2022 titled as Shri M.L. Patil (dead) through LRs vs. State of Goa and another, decided on 20.05.2022, for the grant of pension, the ground of delay is not applicable as it is a continuous cause of action", the Court observed.

The Petition was accordingly dismissed.

Cause Title: Union of India and others vs. Central Administrative Tribunal Chandigarh and others

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