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Service & Administrative LawSupreme Court of India

Mala Devi v. Union of India

Civil Appeal · 2025 INSC 855Decided 16 Jul 2025
Civil Appeal No. 10672 of 2016
Justice Sanjay Karol · Justice Satish Chandra Sharma

Background

Mala Devi's husband, Om Prakash Maharaj, worked for the Eastern Indian Railways as a "Summer Waterman" and later a substitute Guard/Shuntman, dying in a fatal work accident in 1996 after 9 years, 8 months and 26 days of continuous service: just short of the 10-year threshold the Railways and Central Administrative Tribunal treated as necessary for family pension, since his post had never been formally "regularized." Her claim for family pension was rejected by the Tribunal and then by the Patna High Court, both relying on the reasoning that family pension is not payable where the deceased employee's service was not regularized.

Decision Breakdown

The Supreme Court held that Rule 18(3) read with Rule 75(2)(a) of the Railway Service (Pension) Rules, 1993 extends family pension and death gratuity to the families of temporary railway servants who die in harness after just one year of continuous service, with no requirement that the post be regularized, and no distinction drawn between temporary and regularized posts. The Court found the deceased had already passed the Screening Committee stage for regularization and had served continuously (as a genuine substitute, not a mere casual labourer) until his death, so denying pension for falling short of 10 years by about three months was against the rules' purpose of supporting long-serving employees' families. The appeal was allowed, both lower orders were set aside, and the Railways were directed to pay family pension with arrears within four months; the Court also invoked its special power under Article 142 of the Constitution to additionally award Rs. 5 lakh ex-gratia given the widow's decade-long litigation.

Lesson Learnt

For railway (and similarly-structured government) employees who die while in continuous service, family pension eligibility under the applicable pension rules can turn on the length of continuous service and completion of screening, not necessarily on formal "regularization" of the post, so dependents denied pension solely on regularization grounds should check whether the specific rules actually require it.

Mala Devi v. Union of India – Legal Case Shots | LegalAware