Case Note & Summary
The petitioner, Meerabai Jhingaria Meshram, filed a writ petition challenging the order of the Central Administrative Tribunal (respondent no.3) in O.A. No.608/1999 and R.P. 2001/2001, seeking a mandamus to direct the Union of India and the Divisional Railway Manager to pay family pension and other related benefits of her late husband, Jhingaria Bhagwati Meshram, who served as a Fitter Grade III and later as Engine Examiner with the South Eastern Railway. The husband was appointed on 14.5.1943 and transferred from Bilaspur to Nagpur on 18.11.1960. He was promoted as Engine Examiner w.e.f. 5.7.1969. However, he was removed from service from 11.4.1980 pursuant to a letter dated 04/09.04.1980 on the ground that he had misappropriated drum brass drawn for machining and use on Engine No.9641 on 3.7.1979. The removal order was never challenged by the husband. The court observed that since the husband was removed from service and the order was not challenged, the petitioner would not be entitled to pensionary benefits. The court found no infirmity in the impugned order of the Tribunal and dismissed the writ petition, discharging the rule with no order as to costs.
Headnote
A) Service Law - Pension - Family Pension - Entitlement - Removal from Service - The petitioner, widow of a railway employee removed from service for misappropriation of drum brass, claimed family pension. The court held that since the removal order was never challenged by the employee, the petitioner is not entitled to pensionary benefits. The writ petition challenging the Tribunal's order was dismissed. (Paras 1-4)
Issue of Consideration
Whether the petitioner is entitled to family pension and related benefits of her late husband who was removed from service for misappropriation and did not challenge the removal order.
Final Decision
Writ petition dismissed. Rule discharged. No order as to costs.
Law Points
- Pensionary benefits not available to employee removed from service for misconduct
- removal order unchallenged
- no entitlement to family pension
