Family pension is unavailable where a compulsorily retired railway employee lacks ten years’ qualifying service.

Late Sher Singh, the applicant’s husband, was employed as a Gangman with the North Central Railway. He remained absent from duty from 4 January 2003 to 3 September 2003, allegedly on medical grounds, and was issued a charge-sheet for unauthorised absence on 3 October 2003.

Following disciplinary proceedings, he was removed from service; the appellate authority subsequently converted the punishment into compulsory retirement, with entitlement to one-third pension and retiral benefits.

The applicant asserted that the compulsory-retirement order was passed without a proper departmental enquiry and that her husband did not receive gratuity, provident fund, leave encashment, group insurance, pension arrears, or other admissible dues during his lifetime.

The respondents contended that the departmental enquiry had been duly conducted and that all admissible dues had been paid.

They stated that gratuity was sanctioned, amounts were adjusted towards an ECC Bank loan, and the remaining provident fund, group insurance, and leave-salary amounts were paid to the deceased employee through CO7 No. 1545 dated 1 February 2013.

They further maintained that Sher Singh had not completed the requisite ten years of qualifying service for pension or family pension.

Sher Singh died on 7 April 2019, after which his widow sought payment of the alleged outstanding retiral dues, pension arrears, and family pension from 8 April 2019, with interest at 12% per annum.

Whether the applicant was entitled to recover gratuity, provident fund, leave encashment, group insurance, pension arrears, and other retiral benefits allegedly unpaid to her deceased husband.

Whether the applicant was entitled to family pension under Rule 75(2) of the Railway Pension Rules despite the deceased employee having been compulsorily retired and having completed less than ten years of qualifying service.

Whether the applicant was entitled to interest at 12% per annum on the alleged unpaid dues.

The Tribunal applied the Railway Pension Rules, including Rule 75(2), which governs family pension where a Railway servant dies after completing one year of continuous service, or before completing one year where the employee had been medically examined and declared fit before appointment.

It also applied the requirement of ten years of qualifying service for entitlement to regular pension and consequential family-pension benefits in the circumstances of the case.

The Tribunal further relied on the legal effect of the compulsory-retirement order, which granted entitlement only to one-third pension and other admissible retiral benefits, subject to fulfilment of the applicable qualifying-service requirements.

The Tribunal found that the deceased employee had been compulsorily retired with a condition for grant of one-third pension, but had not completed the requisite ten years of qualifying service necessary for pensionary entitlement. Consequently, no pension or family pension was payable under the applicable Railway Pension Rules.

The applicant’s reliance on Rule 75(2) was rejected because that provision concerns family pension upon the death of a Railway servant in service, whereas Sher Singh died after compulsory retirement; in any event, the Tribunal held that the qualifying-service requirement had not been satisfied.

As to the remaining retiral dues, the Tribunal accepted the respondents’ evidence that gratuity, provident fund, group insurance, and leave salary had already been paid or duly adjusted, particularly through CO7 No. 1545 dated 1 February 2013.

Since no principal amount was found payable, the claim for 12% interest also failed.

The claim for arrears, family pension, interest, and consequential relief was therefore dismissed.

The Original Application and all pending miscellaneous applications, if any, were dismissed, with no order as to costs.