Summary and Analysis Mala Devi vs. Union of India & Ors

1. Heading of the Judgment

Civil Appeal No. 10672 of 2016
Mala Devi (Appellant) vs. Union of India & Ors. (Respondents)
Decided on: July 16, 2025
Judges: Sanjay Karol and Satish Chandra Sharma, JJ.
Core Issue: Entitlement to family pension for the widow of a temporary railway employee who died in service.

2. Relevant Laws & Rules

The judgment interprets:

• Indian Railway Establishment Manual (Vol-I):
  Rule 1515: Grants temporary railway servants' rights/privileges to substitutes after 4 months of continuous service.

• Railway Service (Pension) Rules, 1993:
  Rule 18(3): Extends family pension and death gratuity to temporary railway servants on par with permanent staff.
  Rule 75(2)(a): Mandates family pension if an employee dies after 1 year of continuous service.

• Constitution of India:
  Article 142: Empowers the Supreme Court to pass orders for "complete justice."

3. Basic Case Details

Background

• Deceased Employee: Om Prakash Maharaj, appointed as "Summer Waterman" (substitute) on 15.10.1986.

• Service Duration: Served 9 years, 8 months, 26 days until his death in a work accident on 10.07.1996.

• Appellant’s Claim:
  Sought family pension as the widow.
  Railways denied pension citing:
  Deceased was a "substitute," not regularized.
  Service (<10 years) fell short of "minimum qualifying service."

• Lower Courts:
  Central Administrative Tribunal (2015): Rejected claim, stating "screening for regularization ≠ right to pension."
  Patna High Court (2016): Upheld denial, relying on Uttar Haryana Bijli Vitran Nigam Ltd. v. Surji Devi (2008).

4. Judgment Explanation

Key Findings

1. Temporary Status Granted After 4 Months:
   Rule 1515 of the Railway Manual confers temporary servant status on substitutes after 4 months of continuous service.
   Om Prakash served for 9+ years, far exceeding this threshold.

2. Family Pension Requires Only 1 Year of Service:
   Rule 75(2)(a) of Pension Rules mandates family pension if an employee dies after 1 year of continuous service.
   Rule 18(3) extends this benefit to temporary staff.
   Court’s View:
   *"The qualifying service for family pension is 1 year, not 10 years. Denial based on non-regularization is unjustifiable."*

3. Precedent Support:
   Cited Prabhavati Devi v. UOI (1996): Family pension granted to a temporary railway employee’s widow.
   Om Prakash had cleared screening for regularization before death, strengthening his case.

4. Humanitarian Grounds:
   Deceased served "till his last breath" and was 3 months short of 10 years – a technical shortfall not warranting denial.
   Family pension aims to support dependents in crisis.

5. Relief Granted:
   Family Pension: Directed to be paid with arrears within 4 months.
   Ex-Gratia Compensation: ₹5 lakhs awarded under Article 142 for litigation hardship (since 2014).

Critique of Lower Courts

• Error: Patna High Court wrongly applied Surji Devi (which dealt with casual laborers, not screened substitutes).

• Overlooked Rules: Failed to consider Rule 75(2)(a) (1-year threshold) and Rule 1515 (temporary status).

5. Simplified Takeaway

• For Employees: Temporary/substitute staff gain pension rights after 1 year of service if they meet criteria (Rule 1515 + screening).

• For Authorities: Technicalities (e.g., 3-month service shortfall) cannot deny welfare benefits.

• Legal Principle: Pension rules must be interpreted liberally to protect dependents.

Impact: Reinforces social security for families of temporary government staff and curbs arbitrary denials.

"Salutary purpose of pension rules is to support families of those who served diligently." – Supreme Court