PATNA, India, Oct. 3 -- Patna High Court issued the following judgment on Sept. 4:

Heard Mr. Anand Kr. Ojha, learned senior counsel for the Union of India assisted by Dr. Iti Suman, learned CGC.

\ 2. The present writ petition has been filed for setting aside the order dated 27.09.2024 passed in OA No. 050/00176 of 2020 (Bindu Devi Vs. The Union of India and others) by the learned Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as CAT).

3. The learned CAT has been pleased to allow the aforesaid OA and the learned CAT has also held that the deceased employee and husband of the original applicant was entitled for pension to be computed as per findings recorded in the order and the petitioner herein Respondents were directed to settle the pension, family pension and all other retiral benefits accordingly and pay the arrears within period of three months from the date of production/receipt of order with interest @ 8 % per annum from the date of entitlement failing which the interest shall be paid @ 9% per annum from the date of entitlement till final payment.

4. Learned counsel for the petitioners submits that the original applicant, namely, Smt. Bindu Devi wife of Late Ram Swarath Singh has filed the aforesaid OA for the following reliefs:-

The applicant humbly prays that the respondents may be directed to finalize her family pension w.e.f. 15.06.2017 and its benefits under CCS (Pension) Rules, 1972 and release the family pension and consequential benefits immediately. The applicant further prays that arrears of the family pension and its benefits with 10% interest may be granted.

5. The husband of the applicant before the learned Tribunal namely, Ram Swarath Singh (now deceased) was appointed as Casual Labour Night Guard with the respondents on 04.08.1984 and thereafter, he was granted temporary status w.e.f. 29.11.1992 vide memo dated 04.08.994 at par with Group D Employees as per the provisions of the Scheme that when a person completes three years as temporary status causal labour he would be treated at par with Group D Employees however, before his regularization as Group D Employees he died on 15.06.2017 leaving behind his widow (the applicant), one minor son and one minor daughter. The wife of the original employee has filed the aforesaid OA claiming that she was not paid her post retiral benefits including family pension etc. and she made a representation for counting 50% service of her husband a temporary status period for grant of pensionary benefits and that her husband had completed more than ten years of qualifying service and thus her husband's qualifying service be counted from 29.011.1992 for the purpose of grant of pensionary benefits.

6. Learned counsel for the petitioners submits that the husband of the applicant was initially appointed as Casual Labour Night Guard on 29.11.1989 and upon completion of 3 years he was granted temporary status at par with Group D Employees w.e.f. 29.11.1992 vide order dated 04.08.1994 as per the decision of the Secretary of the Postal Department dated 12.04.1991 and he died on 15.06.2017 before his regularization under departmental cadre of Multi Tasking Staff/Group D. Since her husband was never regularized as government servant, he is not entitled for any pension etc.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjNDUxOCMyMDI1IzEjTg==-gNC5ATGR2Oc=

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