JUDGMENT By the Court.—Heard Sri A.K. Gaur, Advocate, for petitioners and Sri Anand Kumar, Advocate, for respondent. 2. This writ petition is directed against judgment and order dated 30.11.2012 passed by Central Administrative Tribunal, Allahabad Bench, Allahabad in Original Application No. 1145 of 2009 directing petitioners to pay family pension to applicant-respondent, Smt. Kishori, widow of Late Radhey Shyam, ex-Lamp Man. 3. From the record, we find that aforesaid Radhey Shyam was initially engaged as casual Gangman on 4.5.1974. His fitness was examined on 22.12.1982 and then he was posted as temporary Gangman in the pay scale of Rs. 775-1025 with effect from 29.7.1987. He was screened for regularization and by Divisional Railway Manager, N.C.R., Railway’s letter No. 220-E/Screening/P.Way/97/98 dated 10.9.1997, he was regularized having been already placed in the panel of Gangman. He was subsequently found medically unfit on 16.10.2001 and died on 25.10.2001. Applicant-responded claimed family pension but the same was denied by respondents by computing qualifying service of late Radhey Shyam as under: 1 Date of appointment (As temp. status-Casual gangman) 29-7-87 2 Date of regular appointment after empanelment 16-10-01 3 Total Service (29-7-87 to 16-10-2001) 14 years 2 months 18 days (a) Non qualifying service due to LWP (Statement at S.No. 53) 3 years 4 months 25 days (b) Non qualifying service (50% of Temp. Status service from 29-9-87 to 10-9-97 (Daily rated casual service shall not Count for qualifying service for Pension/Family Pension order of Rly. Bd. Contained in PS No. 7673 At Sl.No. 78 to 79). 5 years 0 months 21 days 4 Total non qualifying service (A+B) 8 years 5 months 16 days 5 Total service 14 years 2 months 18 days (-) Non qualifying service 8 years 5 months 16 days Qualifying service 5 yeas 9 months 2 days 4. Tribunal has found that for the purpose of payment of family pension, there is no provision contemplating qualifying service of ten years, and, on the contrary, family pension is governed by different Rules. Earlier family pension was governed by Rule 2311 and it was examined by Supreme Court in Prabhavati Devi v. Union of India and others, (1996) 7 SCC 27 and Tribunal relied on following observations made by Apex Court: “3. Earlier family pension was governed by Rule 2311 and it was examined by Supreme Court in Prabhavati Devi v. Union of India and others, (1996) 7 SCC 27 and Tribunal relied on following observations made by Apex Court: “3. The appellant herein is the widow of late Bipin Kumar Rai who was a temporary Railway servant in this manner : He, initially, was taken in the Railway Establishment as a casual worker; and w.e.f. 27.4.83 he acquired the status of a ‘substitute’. According to the definition given in Rule 2315 of the terms and conditions applicable to ‘substitutes’ in temporary service, they are persons engaged in the Indian Railway Establishments on regular scales of pay and allowances applicable to posts against which they are employed. These posts may fall vacant on account of a railway servant being on leave or due to non-availability of permanent or temporary railway servants and which cannot be kept vacant. 4. The deceased kept working as a ‘substitute’ till 5.1.87 when he died. But, before his demise, he came to acquire certain rights and privileges under Rule 2318 of the Rules applicable to Railway Establishments. The said rule provides that substitutes shall be afforded all the rights and privileges as may be admissible to temporary railway servants, from time to time, on completion of 6 months’ continuous service. Indubitably, the deceased had worked beyond 6 months and that too continuously. Having become a temporary servant in this manner, he became entitled to family pension under Sub-rule 3(b) of Rule 2311; whereunder it is provided that the widow/minor children of a temporary Railway servant, who dies while in service after a service of not less than 1 year continuous (qualifying) service shall be eligible for a family pension under the provisions of para 801 of the Manual of Railway Pension Rules. Further, in their case the amount of death gratuity admissible will be reduced by an amount equal to the employee’s 2 months’ pay on which the death gratuity is determined. The Railways have paid to the appellant gratuity under this Sub-rule, but have denied to her the family pension. He claim before the CAT, Patna Bench, Patna, was dismissed which has culminated into this appeal. 5. The Railways have paid to the appellant gratuity under this Sub-rule, but have denied to her the family pension. He claim before the CAT, Patna Bench, Patna, was dismissed which has culminated into this appeal. 5. On the acquisition of temporary status derived in the manner stated above, it is difficult to sustain the orders of the Tribunal and to deny family pension to the widow and children of the deceased. See in this connection for support L Robert D’Souza v. Ex. Engineer, Southern Railway and another, (1982) ILLJ 330 SC and U.O.I. and others v. Basant Lal and others, (1992) IILLJ 609 SC. We have put the proposition to the learned Counsel appearing for the Railways but he is unable to support the orders of the Tribunal; overlooking as it does the chain in consequence, making the deceased acquire a temporary status and on his demise his widow and children acquiring the right to claim family pension. 6. We, thus, allow this appeal; set aside the impugned orders of the Tribunal and allow the claim to family pension as projected by the appellant. We also direct the railway to work out the pension due within 2 months from today and deliver the pension as also the arrears to the appellant within 15 days thereafter, if not earlier and also pay interest at the rate of 12% per annum from the date it was due till payment.” 5. Learned counsel for petitioners placed before us Railway Services (Pension) Rules, 1993 (hereinafter referred to as “Rules, 1993”), Rule 75 whereof talks of “family pension for railway servants” and reads as under: “75. Family Pension Scheme for railway servants, 1964 : (1) The provisions of this rule shall apply : (a) to a railway servant entering service in a pensionable establishment on or after the 1st January, 1964; and (b) to a railway servant who was in service on the 31st December, 1963 and came to be governed by the provisions of the Family Pension Scheme for railway employees, 1964, contained in the Railway Board’s letter No. F (P) 63 PN-1/40 dated the 2nd January 1964 as in force immediately before the commencement of these rules. Note : The provisions of this rule have also been extended from 22nd September 1977, to railway servants on pensionable establishments who retired or died before the 31st December. Note : The provisions of this rule have also been extended from 22nd September 1977, to railway servants on pensionable establishments who retired or died before the 31st December. 1963 and also to those who were alive on that date but had opted out of the 1964 Scheme. (2) Without prejudice to the provisions contained in sub-rule (3), where a railway servant dies; (a) after completion of one year of continuous service; or (b) before completion of one year of continuous service, provided the deceased railway servant concerned immediately prior to his appointment to the service or post was examined by the appropriate medical authority and declared fit by that authority for railway service; or (c) after retirement from service and was on the date of death in receipt of a pension, or compassionate allowance, referred to in Chapter V, other than the pension referred to in rule 53; the family of the deceased shall be entitled to a family pension 1964 (hereinafter in this rule referred to as family pension) the amount of which shall be determined in accordance with the Table below : Table Basic pay per month of railway servant Rate of family pension per month inclusive of dearness relief upto average Consumer Price Index-608 (i) Not exceeding Rs. 1500 30 per cent of basic pay subject to a minimum of Rs. 375. (ii) Exceeding Rs. 1500 but not exceeding Rs. 3000 20 per cent of basic pay subject to a minimum of Rs. 450 (iii) Exceeding Rs. 3000 15 per cent of basic pay subject to a minimum of Rs. 600 and a maximum of Rs. 1250 Explanation.—The expression “Continuous one year of service” wherever it occurs in this rule, shall be construed to include (less than one year of continuous service), as defined in clause (b). (3) The amount of family pension shall be fixed at monthly rates and expressed in whole rupees and where the family pension contains a fraction of a rupee, it shall be rounded off to the next higher rupee: Provided that in no case a family pension in excess of the maximum specified under this rule shall be allowed. (3) The amount of family pension shall be fixed at monthly rates and expressed in whole rupees and where the family pension contains a fraction of a rupee, it shall be rounded off to the next higher rupee: Provided that in no case a family pension in excess of the maximum specified under this rule shall be allowed. (4) (i) (a) Where a railway servant, who is not governed by the Workmen’s Compensation Act, 1923 (8 of 1923), dies while in service after having rendered not less than seven years’ continuous service, the rate of family pension payable to the family shall be equal to fifty per cent. of the pay last drawn or twice the family pension admissible under sub-rule (2), whichever is less, and the amount so admissible shall be payable from the date following date of death of the railway servant for a period of seven years, or for a period upto the date on which the deceased railway servant would have attained the age of sixty five years had he survived whichever is less. (b) In the event of death of a railway servant after retirement, the Family Pension as determined under sub clause (a) shall be payable for a period of seven years, or for a period up to the date on which the retired deceased railway servant would have attained the age of sixty five years had he survived, whichever is less: Provided that in no case the amount of family pension determined under sub-clause (b) of this clause shall exceed the pension sanctioned on retirement from railway service: Provided further that where the amount of pension sanctioned on retirement is less than the amount of family pension admissible under sub-rule (2), the amount of family pension determined under this clause shall be limited to the amount of family pension admissible under sub-rule (2). Explanation.—For the purpose of this sub-clause, “pension sanctioned on retirement” includes the part of the pension which the retired railway servant may have commuted before death. Explanation.—For the purpose of this sub-clause, “pension sanctioned on retirement” includes the part of the pension which the retired railway servant may have commuted before death. (ii) (a) Where a railway servant, who is governed by the Workmen’s Compensation Act, 1923 (8 of 1923), dies while in service after having rendered not less than seven years continuous service, the rate of family pension payable to the family shall be equal to fifty percent of the pay last drawn or one and a half times the family pension admissible under sub-rule (2), whichever is less. (b) The family pension so determined under sub-clause (a) should be payable for the period mentioned in clause (i): Provided that where a compensation is not payable under the aforesaid Act, the pension sanctioning authority shall send a certificate to the Accounts Officer to the effect that the family of the deceased railway servant shall be paid family pension on the scale, and for the period, mentioned in clause (i). (iii) After the expiry of the period referred to in clause (i), the family, in receipt of family pension under that clause or clause (ii) shall be entitled to family pension at the rate admissible under sub-rule (2). (5) Where an award under the Railway Services (Extraordinary Pension) Rules, 1993 is admissible, no payment of family pension under this rule shall be authorised. (5) Where an award under the Railway Services (Extraordinary Pension) Rules, 1993 is admissible, no payment of family pension under this rule shall be authorised. (6) The period for which family pension is payable shall be as follows:— (i) in the case of a widow or widower, up to the date of death or re-marriage, whichever is earlier; (ii) in the case of a son, until he attains the age of twenty-five years; and (iii) in the case of an unmarried daughter, until she attains the age of twenty five years or until she gets married, whichever is earlier: Provided that if the son or daughter of a railway servant is suffering from any disorder or disability of mind or is physically crippled or disabled so as to render him or her unable to earn a living even after attaining the age of twenty five years, the family pension shall be payable to such son or daughter for life subject to the following conditions, namely : (a) the family pension shall be paid to such minor sons or daughters through the guardian on the basis of guardianship certificate or the guardian appointed by a Court: Provided that in respect of such sons or daughters who have attained the age of majority, it shall not be necessary to obtained guardianship certificate or appointment of a guardian by a Court either for grant of continuance of family pension to be sanctioned or continued to be paid to them subject to satisfaction of other eligibility conditions, under these rules; (b) before allowing the family pension for life to any such son or daughter, the sanctioning authority shall satisfy that the handicap is of such a nature so as to prevent him or her from earning his or her livelihood and the same shall be evidenced by a certificate obtained from a medical officer not below the rank of a Divisional Medical Officer setting out, as far as possible, the exact mental or physical condition of the child; (c) the person receiving the family pension as guardian of such son or daughter shall produce every three years a certificate from a Medical Officer not below the rank of Divisional Medical Officer to the effect that the son or daughter continues to suffer from disorder or disability of mind or continues to be physically crippled or disabled; Explanation (1)—Only that disability which manifests itself before the retirement or death of the railway servant which in service shall be taken into account for the purpose of grant of family pension under this sub-rule. (2) A daughter shall become ineligible for family pension under this sub-rule from the date she gets married. (3) The family pension payable to such a son or daughter shall be stopped if he or she starts earning his or her livelihood. (4) In such cases, it shall be the duly of the guardian to furnish a certificate to the Treasury or Bank, or Post Office (authorised disbursement units for Railways), as the case may be, every month that (i) he or she has not started earning his or her livelihood; (ii) in case of daughter that she has not yet married; (d) If the sons and unmarried daughters including sons and unmarried daughters suffering from disorder or disability of mind are alive, the family pension shall be payable in the order of their birth irrespective of the sex of the child and the younger of him shall not be eligible for family pension unless the elder above him or her becomes ineligible for the grant of family pension. In cases, where the family pension is payable to twin children, the same shall be payable to such twin children in equal shares and in the event of any of such children ceasing to be eligible for family pension, his or her share of family pension shall not lapse but shall become payable to the other such child and when both such children become ineligible for family pension, the family pension shall become payable to the next eligible single child or twin, as the case may be. (7) (i) (a) Where the family pension is payable to more widows than one, the family pension shall be paid to the widows in equal shares. (b) On the death of a widow, her share of the family pension, shall become payable to her eligible child: Provided that if the widow is not survived by any child, her share of the family pension shall not lapse but shall be payable to the other widows in equal share, or if there is only one such other widow, in full, to her. (ii) Where the deceased railway servant or pensioner is survived by a widow but has left behind eligible child or children from another wife who is not alive, the eligible child or children shall be entitled to the share of family pension which the mother would have received if she had been alive at the time of the death of the railway servant or pensioner: Provided that on the share or shares of family pension payable to such a child or children or to a widow or widows ceasing to be payable, such share or shares not lapse but shall be payable to the other widow or widows or the other child or children otherwise eligible in equal shares, or if there is only one widow or child, in full, to such widow or child. (iii) Where the deceased railway servant or pensioner is survived by a widow but has left behind child or children from a divorced wife or wives, such child or children if they satisfy other conditions of the eligibility for payment of family pension shall be entitled to the share of family pension which the mother would have received at the time of death of the railway servant or pensioner had she not been so divorced: Provided that on the share or shares of family pension payable to such a child or children or to a widow or widows ceasing to be payable, such share or shares shall not lapse but shall be payable to the other widow or widows and or to other child or children otherwise eligible, in equal shares, or if there is only one widow or child, in full, to such widow or child. (8) (i) Except as provided in clause (d) of sub-rule (6) and clause (I) of sub-rule (7), the family pension shall not be payable to more than one member of the family at the same time. (ii) If a deceased railway servant or pensioner leaves behind a widow or widower, the family pension shall become payable to the widow or widower, failing which to the eligible child. (ii) If a deceased railway servant or pensioner leaves behind a widow or widower, the family pension shall become payable to the widow or widower, failing which to the eligible child. (9) Where a deceased railway servant or pensioner leaves behind more children than one, the eldest child shall be entitled to the family pension for the period mentioned in clause (b) or clause (c) of sub-rule (6), as the case may be, and after the expiry of that period the next child shall become eligible for the grant of family pension. (10) Where family pension is granted under this rule to minor, it shall be payable to the guardian on behalf of the minor. (11) In case both wife and husband are railway or Government servants and are governed by the provisions of this rule or corresponding provisions of the Central Civil Services (Pensions) Rule, 1972, and one of them dies while in service or after retirement, the family pension in respect of the deceased shall become payable to the surviving husband or wife and in the event of the death of husband or wife, the surviving child or children shall be granted the two family pensions in respect of the deceased parents, subject to the limits specified below, namely: (a) (i) if the surviving child or children is or are eligible to draw two family pensions at the rate mentioned in sub-rule (4), the amount of both the pensions shall be limited to two thousand five hundred rupees per mensem; (ii) if one of the family pensions ceases to be payable at the rate mentioned in sub-rule (4), and in lieu thereof the pension at the rate mentioned in sub-rule (2), becomes payable, the amount of both the pensions shall also be limited to two thousand five hundred rupees per mensem; (b) if both the family pensions are payable at the rates mentioned in sub-rule (2), the amount of two pensions shall be limited to one seven thousand two hundred fifty rupees per mensem. (12) Where a female railway servant or a male railway servant dies leaving behind a judicially separated husband or widow and no child or children, the family pension in respect of the deceased shall be payable to the person surviving: Provided that where in a case the judicial separation is granted on the ground of the adultery and the death of the railway servant takes place during the period of such judicial separation, the family pension shall not be payable to the person surviving, if such person surviving was held guilty of committing adultery. (13) (i) Where a female railway servant or male railway servant dies leaving behind a judicially separated husband or widow with a child or children, the family pension payable in respect of the deceased shall be payable to the surviving person provided he or she is the guardian of such child or children. (ii) Where the surviving person has ceased to be the guardian of such child or children, such family pension shall be payable to the person who is the actual guardian of such child or children. (14) (i) If a person, who in the event of death of a railway servant while in service, is eligible to receive family pension under this rule, is charged with the offence of murdering the railway servant or for abetting in the commission of such an offence, the claim of such a person, including other eligible member or members of the family to receive the family pension, shall remain suspended till the conclusion of the criminal proceedings instituted against him. (ii) If on the conclusion of the criminal proceedings referred to in clause (i), the person concerned - (a) is convicted for the murder of or abetting in the murder of the railway servant, such a person shall be debarred from receiving the family pension which shall be payable to other eligible member of the family, from the date of death of the railway servant; (b) is acquitted of the charge of murder or of abetting in the murder of the railway servant, the family pension shall be payable to such a person from the date of death of the railway servant. (iii) The provisions of clause (i) and (ii) shall also apply for the family pension becoming payable on the death of a railway servant after his retirement. (iii) The provisions of clause (i) and (ii) shall also apply for the family pension becoming payable on the death of a railway servant after his retirement. (15) (i) As soon as a railway servant enters railway service, he shall furnish details of his family in Form 6 to the Head of Office and if the railway servant has no family, he shall furnish the details in Form 6 as soon as he acquires a family. (ii) It shall be the duty of the railway servant to communicate forthwith to the Head of Office any subsequent change in the size of his family including the fact of marriage of his or her female child. (iii) (a) In the case of a non-gazetted railway servant the Head of Office shall keep the form 6 in safe custody and make necessary additions and alterations in the form on the basis of subsequent information furnished by the railway servant and all the communications which a railway servant may address to the Head of Office in this behalf, shall be acknowledged by the Head of Office. (b) In the case of a gazetted railway servant, the Head of Office shall pass on the details of family members as also any additions and, alterations thereto, to the Accounts Officer for keeping the same in safe custody. It shall be the duty of the Accounts Officer to keep these particulars upto date and to acknowledge the receipt of these communications. (16) The ad-hoc increase in pension sanctioned in the Ministry of Railways’ letter No. F(P)63 PNI/32 dated the 21st October, 1963, as amended from time to time, shall not be payable to the family in receipt of family pension under this rule. (16) The ad-hoc increase in pension sanctioned in the Ministry of Railways’ letter No. F(P)63 PNI/32 dated the 21st October, 1963, as amended from time to time, shall not be payable to the family in receipt of family pension under this rule. (17) A military pensioner, who on retirement from military service, on retiring pension, service pension or invalid pension is governed for the grant of ordinary family pension by Army Instruction 2/S/64 or corresponding Navy or Air Force instructions and is re-employed in a Railway service or Railway post before attaining the age of superannuation, shall for the purpose of eligibility for the family pension admissible under this rule or the family pension already authorised under the aforesaid Army/Navy or Air Force instruction, be governed as follows : (i) if he dies while holding a civil post in a temporary capacity in the course of re-employment, his family may be allowed to opt for the family pension admissible under this rule or the family pension authorised at the time of retirement or discharge from the military service, under Army Instruction 2/S/64 or the corresponding Navy or Air Force Instruction; (ii) if he retires from railway service or railway post without holding a permanent post in a substantive capacity, his family in the event of his death after retirement shall be eligible for family pension authorised under Army Instruction 2/S/64 or corresponding Navy or Air Force Instruction; (iii) if on confirmation in a railway service or a railway post in the course of his re-employment, he has opted to retain military pension for the past military service in terms of clause (a) of sub-rule (1) of rule 34, he shall exercise another option to receive family pension admissible under this rule or the family pension, already authorised under Army Instruction No. 2/S/64 or the corresponding Navy or Air Force Instruction and such option shall be exercised within a period of three months of the date of the issue of orders of substantive appointment to a railway service or railway post or if he is on leave on that day, within three months of his return from leave, whichever is later. If no option is exercised within the period aforesaid, the pensioner shall be deemed to have opted for family pension authorised under Army Instruction No. 2/S/64 or the corresponding Navy or Air Force Instruction; and (iv) If on confirmation in a railway service or railway post in the course of re-employment he, in terms of clause (b) of sub-rule (1) of Rule 34 has opted to surrender military pension and count in lieu thereof military service for civil pension, he shall be governed by family pension admissible under this rule. (18) Family pension admissible under this rule shall not be granted to a person who is already in receipt of family pension or is eligible therefor under any other rules of the Central Government or a State Government or a Public Sector Undertaking, Autonomous Body or Local Fund under the Central or a State Government; Provided that a person who is otherwise eligible for family pension under this rule may opt to receive family pension under this rule if he foregoes family pension admissible from any other source. (19) For the purpose of this rule—(a) “Continuous service” means service rendered in temporary or permanent capacity in a pensionable establishment and does not include— (i) Period of suspension, if any, and (ii) Period of service, if any, rendered before attaining the age of eighteen years; (b) “family”, in relation to railway servant, means - (i) wife in the case of a male railway servant or husband in the case of a female railway servant; (ii) a judicially separated wife or husband, such separation not being granted on the ground of adultery and the person surviving was not held guilty of committing adultery; (iii) son who has not attained the age of twenty-five years and unmarried daughter who has not attained the age of 25 years including such son and daughter born after retirement or adopted legally before retirement but shall not include a son or daughter adopted after retirement; (c) “pay” means; (i) the emoluments as specified in clause (a) of rule 49, or (ii) the average emoluments as referred to in rule 50 if the emoluments of the deceased railway servant has been reduced during the last ten months of his service otherwise than as penalty: Provided that the element of dearness allowances, which has been treated as dearness pay under the Railway Board’s letter No. PC III/79/DP/1 dated the 11th June, 1979, shall not be treated as pay for the purpose of this rule. (20) Nothing contained in this rule shall apply to - (a) a re-employed railway servant who had retired before the 1st January, 1964, from - (i) railway service on retiring pension, or superannuation pension, or (ii) military service on retiring pension, service pension or invalid pension, and who on the date of re-employment, had attained the age of superannuation applicable to the post in which he is re-employed; (b) a military pensioner who retired from military service on or after the 1st January, 1964 and who on the date of re-employment in a railway service or a post had attained the age of superannuation applicable to the post in which he is re-employed; (c) a railway servant referred to in Rule 53, who on absorption in a corporation or company wholly or substantially owned or controlled by the Government, or any other body, incorporated or not, is governed by the provisions of the family pension scheme of the corporation or company or body, as the case may be. (21) Dearness relief on pension or family pension - (i) Relief may be granted to the pensioners and family pensioners in the form of dearness relief at such rates and conditions as the Government may specify from time to time. (ii) If a pensioner is re-employed under the Central or a State Government or a Corporation, Company, Body or Bank under such Government in India or abroad including permanent absorption in such Corporation, Company, Body or Bank, he shall not be eligible to draw dearness relief on pension or family pension during the period of such re-employment. (iii) A railway employee who gets permanently absorbed in terms of clause (a) of rule 54 and opts for lump sum payment in lieu of pro-rata monthly pension in terms of clause (a) of rule 54 shall not be eligible for dearness reliefs.” 6. In our view, Rule 75 Sub-rule (2) is clearly applicable in the case in hand which supports the contention of respondents that qualifying service of ten years was required for family pension is not attracted for the purpose of family pension under Rules 75 of Rules, 1993. 7. In our view, Rule 75 Sub-rule (2) is clearly applicable in the case in hand which supports the contention of respondents that qualifying service of ten years was required for family pension is not attracted for the purpose of family pension under Rules 75 of Rules, 1993. 7. Learned counsel for petitioner placed reliance on two judgments of Supreme Court, i.e., Union of India and others v. Rabia Bikaner and others, 1997 SCC (L&S) 1524, wherein we find that husband of Rabia Bikaner was only a casual employee conferred with the temporary status. Neither he was appointed at any point of time in temporary capacity on regular basis, as is admitted case of petitioners in para-4 of writ petition, nor he was regularized on substantive basis. Therefore, the aforesaid judgment has no application to the case in hand. 8. Another decision relied on by learned counsel for petitioners is General Manager, North West Railway and others v. Chanda Devi, 2008 (2) SCC 108 , which is also a case of casual labourer with temporary status and not a person who was appointed after screening as temporary employee on regular basis and thereafter was actually regularized. Therefore, this judgment has also no application to the case in hand. 9. In the present case, at the pain of repetition, we say that it is admitted case of petitioners that employee was appointed as temporary Gangman on regular basis with effect from 29.7.1987 and para-4 of the writ petition reads as under: “4. That the factual matrix of the case in a narrow campass is that the husband of the respondent joined Railways as a casual Gangamn on 4.5.1974, and he was found fit to hold the post of temporary Gangman grade Rs. 775-1025/- on a regular basis w.e.f. 29.7.1987, in regular pay scale of Gangman w.e.f. 29.7.1987.” 10. It is also evident from record that he was screened and empanelled for regularization as Gangman and that was done by Divisional Railway Manager’s dated 10.9.1997. This fact is also evident from service-book of deceased employee, a copy whereof has been placed on record at page 57 and relevant entry in the service book is on page 61 which reads as under: “Born on Post of Gangman at PP No. 07 vide DRM/Ald letter No. 220-E/Screening/Engg/97-98 dt. 10.9.97. Services regularised” 11. This fact is also evident from service-book of deceased employee, a copy whereof has been placed on record at page 57 and relevant entry in the service book is on page 61 which reads as under: “Born on Post of Gangman at PP No. 07 vide DRM/Ald letter No. 220-E/Screening/Engg/97-98 dt. 10.9.97. Services regularised” 11. This clearly shows that here is a case where deceased employee was a regular employee and, therefore, the two judgments cited by learned counsel for petitioners have no application to the case in hand. We, therefore, find no fault in the judgment of Tribunal warranting interference. 12. The writ petition lacks merits. Dismissed.