UNION OF INDIA & ORS. vs KAMLESH KUMARI

Judgment text excerpt

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 697/2025, CM APPLs. 3339/2025 & 3340/2025 UNION OF INDIA & ORS. .....Petitioner Through: Mr. Shashank Dixit and Mr. Rohit Gupta, Advs. versus KAMLESH KUMARI .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL ORDER (ORAL) % 23.01.2025 C. HARI SHANKAR, J. 1. The husband of the respondent Amar Singh was engaged by the North Eastern Railway Authorities as a casual labour. He was granted temporary status on 1 January 1986. He died on 9 September 1993. Thereafter, the respondent Kamlesh Kumari was engaged as a casual labourer consequent on the death of her husband on compassionate basis. She was regularised on 15 April 1998. 2. The respondent applied for family pension. On her claim being denied, she approached the Central Administrative Tribunal1 by way of OA No. 3308/2019. 1 “the Tribunal” hereinafter Signature Not Verified Digitally Signed By:AJIT W.P.(C) 697/2025 Page 1 of 14 KUMAR Signing Date:28.01.2025 16:41:37 3. By judgment dated 22 August 2024, the Tribunal has allowed the said OA. 4. Aggrieved thereby, the Union of India, Ministry of Railways has approached this Court by way of the present writ petition. 5. We have heard Mr. Shashank Dixit, learned Counsel for the petitioner at some length. 6. The reasoning of the Tribunal in allowing the OA is contained in the following paragraphs from the impugned judgment: - “7. Heard the learned counsels for the parties. Besides, the pleadings filed by the parties have also been examined and the relevant records has also been consulted. This Tribunal in the matter of Suman Devi v UOI & Ors2 has held as under: - “The applicant is the wife of a deceased casual employee of the respondents - Railways. The O.A. has been filed s