Last Updated on March 2, 2026 by Satish Mishra
The Central Administrative Tribunal (CAT), Chandigarh Bench, delivered an important judgment granting family pension to the widow of a deceased employee who had been working under Temporary Status (Casual Labour Regularisation Scheme, 1993).
This decision strengthens the rights of widows of long-serving temporary status employees.
Family Pension Granted to Widow of Temporary Status Employee – Key CAT Ruling
This is based on the CAT Chandigarh Bench judgment dated 25.08.2025:
📄 O.A. Nos. 147/2022, 148/2022 & 150/2022 – Central Administrative Tribunal, Chandigarh Bench
📌 Background of the Case
- The deceased employee worked with ICAR.
- He was initially engaged as a Casual Labourer (daily wage).
- He was granted Temporary Status w.e.f. 01.09.1993.
- He worked for nearly 29 years and died in service in 2009.
- After his death, family pension was denied.
- The widow applied for family pension in 2022.
- The department rejected the claim citing:
- He was not a regular employee.
- Delay in filing the claim (limitation objection).
⚖️ Key Legal Issues
1️⃣ Whether widow of a Temporary Status employee is entitled to family pension?
2️⃣ Whether delay in filing the claim bars pension relief?
🏛 Tribunal’s Findings
🔹 On Limitation (Delay)
The Tribunal rejected the department’s objection of delay.
It held:
Pension is a recurring cause of action.
The Tribunal relied upon Union of India v. Tarsem Singh (2008), where the Supreme Court held that pension claims are continuing in nature.
Therefore, delay alone cannot defeat pension rights.
🔹 On Entitlement to Family Pension
The Tribunal observed:
- The deceased had rendered more than three years of service after grant of Temporary Status.
- Under the Casual Labour (Grant of Temporary Status & Regularisation) Scheme, 1993, such employees are entitled to benefits similar to regular Group ‘D’ employees.
- Once three years’ service is completed after Temporary Status, pensionary benefits accrue.
The Tribunal relied upon:
- Jagrit Mazdoor Union v. Mahanagar Telephone Nigam Ltd. (1990)
- Yashwant Hari Katakkar v. Union of India (1996)
- Recent Supreme Court decisions reiterating similar principles.
The Tribunal clarified:
Temporary Status employees who complete qualifying service cannot be denied pensionary benefits merely because formal regularisation was not done.
📌 Important Legal Principle Reaffirmed
The Tribunal emphasized:
✔ Pension is not a bounty
✔ Long service cannot be ignored
✔ Administrative failure to regularise cannot defeat employee rights
✔ Family pension flows from the status and service rendered
🧾 Final Order of CAT
The Tribunal:
- Quashed the rejection order dated 01.01.2022
- Directed grant of family pension
- Restricted arrears to three years prior to filing of the O.A.
- Ordered compliance within two months
🎯 Why This Judgment Is Important
This ruling is crucial for:
- Widows of temporary status employees
- Casual labourers granted temporary status
- Employees under the 1993 Scheme
- Pension claims rejected on technical grounds
It ensures that:
Long-serving temporary employees are not deprived of pension benefits due to procedural irregularities.
📝 Key Takeaways
✔ Temporary Status + 3 years service = Pension eligibility
✔ Delay does not automatically defeat pension claims
✔ Arrears may be restricted to 3 years
✔ Family pension cannot be denied solely due to non-regularisation
