2000 2 SCR 1058 The following Order of the Court was delivered The sole question that arises in this case is whether the respondent herein is entitled to dearness relief on the family pension admissble to her even after getting appointment on companypassionate ground in the railways.
Aggrieved by this order the respondent filed an O.A. before the Central Administrative Tribunal, Calcutta.
The respondent companytinued to draw salary as a railway employee as well as family pension till 25th January, 1994 when it was discovered that the respondent was number entitled to draw two dearness reliefs i.e. one on the salary and the other on the family pension.
It is number disputed that the family pension as well as gratuity, provident fund and all other retirement benefits which were admissible to the husband of the respondent were given to her.
It is number disputed that the husband of the respondent was a railaway employee and he died in harness.
In addition to that, the railways gave companypassionate appointment to the respondent.
The Tribunal was of the view that since the respondent was number re employed as companytemplated under rule 21 ii of the Rules, she was entitled to draw dearness relief on the salary as well as on the family pension.
It is against this order the appellants are in appeal before this Court.
Consequently, the appellants re fixed the family pension of the respondent after deducting dearness reliefs and issued orders for recovery of dearness relief paid to her on family pension.
