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Union of India through General Manager v. Kamali Devi

Rajasthan HC9 Oct 2018CW/12277/2018

Case brief

AI extract

What is this about?

This writ petition challenged the computation of death-cum-retirement gratuity for a deceased railway employee. The court held that the lower tribunal erred in recognizing 100% of temporary status service, applying a Supreme Court precedent to mandate specific reckoning for regularization cases.

What did the court decide?

Writ petition disposed of by directing respondents to compute Death-Cum-Retirement Gratuity per Supreme Court decision and tender payment within six weeks.

Union of India through General Manager Vs… — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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D.B. Civil Writ No. 12277/2018

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Union Of India Through General Manager, Hq Office Baroda House, New Delhi, N/rly.

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Sr. Divisional Account Officer, Northern Railway, New Delhi.

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Divisional Personnel Officer, Northern Railway, New Delhi. 4. The General Manager, Hq Office, North-Western Railway, Malviya Nagar Near Jawahar Cirlce, Jaipur-17.

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Dy. Chief Engineer (C), North Western Railway, Jodhpur.

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----Petitioners

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Versus

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Kamali Devi W/o Late Sh. Ram Sahay, Village And Post Bassi, Near T.v. Tower, Jaipur, Her Late Husband Ram Sahay Was Last Employed On The Post Of Gangman Under Dy. Chief Egineer (C), Nw Railway Jodhpur Erstwhile Northern Railway.

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----Respondent

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For Petitioner(s) : Mr. Kamal Dave For Respondent(s) : None present

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HON'BLE THE CHIEF JUSTICE PRADEEP NANDRAJOG HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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09/10/2018

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Unfortunately nobody appears for the respondent inspite of service being effected.

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The data collected by Tribunal in para-10 of impugned judgment dated 19.10.2016 has not been challenged in the writ petition. The data shown reads as under :-

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Casual Labour 15.5.1977 (15.5.77 to 31.12.1981) Temporary Status 01.01.1982 (1.1.1982 to 27.2.1997) Regularisation 28.02.1997 (28.2.97 to 5.9.1997) Died 06.09.1997

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(2 of 2)

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[CW-12277/2018]

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Surprisingly while disbursing death-cum-retirement gratuity (DCRG), the qualifying service of deceased late Shri Ram Sahay was taken as only 03 years, 10 months and 15 days.

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Counsel for writ petitioner is unable to explain as to how with reference to afore-noted service rendered by the late workman DCRG benefit was computed on 03 years, 10 months and 15 days qualifying service. 5. Be that as it may, the only infirmity in the impugned order passed by the Tribunal is the direction that 100% of service rendered with temporary status reckoned for the purposes of computing DCRG benefit. 6. As per the decision of Supreme Court reported as (2017) 13 SCC 388 Union of India & Ors. Vs. Rakesh Kumar & Ors. , 50% service as casual labour and 50% service after acquiring temporary status has to be reckoned if the employee is to regularize.

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The deceased-workman was apparently regularized on 22.2.1987. Thus, the writ petition is disposed of directing the respondents to compute DCRG payable to the respondent as per decision of Supreme Court. On recomputing the amount necessary payment shall be tendered to the respondent within six weeks from today.

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(Dr. PUSHPENDRA SINGH BHATI),J

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(PRADEEP NANDRAJOG),CJ

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Sanjay/14

Union of India through General Manager v. Kamali Devi

Case brief

What is this about?

What did the court decide?

Union of India through General Manager v. Kamali Devi

Case brief

What is this about?

What did the court decide?

What the court decided

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