Service Law – Family pension – Claim of – Husband of the respondent-wife died in harness as work-charge employee in the year 2005 – In the year 2017 i.e. after period of twelve years from the death of deceased employee, the respondent-wife filed a writ petition and claimed the services of her late husband ought to have been regularized and therefore she is entitled to family pension – Single Judge of the High Court directed the State to regularize the services of respondent’s husband one day prior to his demise so that respondent gets entitled to pensionary benefits – Aggrieved, State filed appeal before the Division Bench of the High Court, which was dismissed – On appeal, held: Deceased employee never claimed any regularization during his lifetime – Respondent claimed regularization twelve years from the death of the deceased employee – At the time of death, the employee was much below in the seniority list of work charge employees whose services were to be regularised – High Court committed error in issuing direction to regularise the services of the deceased employee one day prior to his death – Judgment and order of High Court unsustainable and set aside.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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