VidhiSangh

Supreme Court of India · 16/07/2025

MALA DEVI versus UNION OF INDIA & ORS.

[2025] 8 S.C.R. 221 · 2025 INSC 855

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Summary

The widow of a railway substitute who died in harness after 9 years 8 months of continuous service was held entitled to family pension: a substitute who completes the prescribed continuous service acquires temporary status, and under Rule 75 of the Railway Services (Pension) Rules, 1993 the family of a railway servant who dies after one year of continuous service gets family pension whether or not the post was regularised. The Court also awarded Rs 5,00,000 ex gratia under Article 142.

Issues

  1. Whether the widow of a temporary/substitute railway employee who died in harness short of ten years of service is entitled to family pension.
  2. Whether denial of family pension on the ground that the deceased's services had not been regularised was justified.

Provisions considered

Held

Result

Appeal allowed; orders of the Patna High Court dated 12.05.2016 and of the Central Administrative Tribunal dated 23.12.2015 set aside; respondents to calculate and pay arrears of family pension and regular family pension, and Rs 5,00,000 ex gratia, within four months.

Judgment PDF: Supreme Court of India, [2025] 8 S.C.R. 221.