SC Grants Family Pension to Railway Widow Despite Lack of Regularization

In a compassionate and precedent-setting judgment on July 16, 2025, the Supreme Court ruled in Mala Devi v. Union of India that a railway employee’s widow is entitled to family pension, even though her late husband’s service was not formally regularized.

Om Prakash Maharaj, a substitute employee with the Eastern Railways, had served continuously for 9 years, 8 months, and 26 days before dying in harness in 1996.

Despite clearing his screening and being deputed on duty, the Railways denied pension on the grounds that he fell short of 10 years and lacked regular status.

Rejecting this narrow interpretation, the Court held that under Rule 75(2)(a) and Rule 18(3) of the Railway Pension Rules, 1993, temporary employees who complete at least one year of continuous service and die in harness are entitled to family pension.

The Court emphasized that substitutes gain temporary status after four months under Rule 1515 of the Railway Establishment Manual, and the deceased had surpassed all qualifying criteria.

Setting aside the Patna High Court and CAT orders, the Court directed payment of arrears and ongoing family pension within four months and also invoked Article 142 of the Constitution to award Mala Devi an ex-gratia amount of ₹5 lakhs in recognition of her long struggle for justice.