My Husband, joined Eastern Railway as an apprentice mechanic in 14th March 1966 and completed his apprenticeship successfully on 31st May 1971 - Then He was appointed as a permanent employee in Indian Railways as chargeman C on 9th June 1971. My Husband was released from Railway Service w.e.f 20th April 1981 to enable him to join his new assignment in Coal India Ltd. With Lien for a period of 2years to be retained by the eastern railway . His technical resignation was duly accepted. Later , He deposited Rs 4600 for lien towards Foreign Service contribution for the period of 20th April 1981 to 19th April 1983.He appealed for the pensionary benefits and others and did not receive any such benefit. He won the High Court case (CAT) in 16th October 2001. But Eastern Railway refused to give him pension at that time. Unfortunately my husband died on 2005.
I appeared in the pension adalat conducted by Eastern railway on 15th Dec 2011. The Pension Adalat confirmed me that my husband is eligible for pension and All the arrear will be cleared and my family pension will be started. But later, after filling up all the settlement forms - The Authority informed me that (rather offered me)only the Gratuity and PF money will be available. They said that my husband was not eligible for pension as he rendered less than 10 years of qualifying service.
As a permanent employee (immediately completion of his 5 years of apprenticeship), my husband completed 9 Years 10 months 11 days of service (from 9th June 1971 to 20th April 1981). I would like to draw your attention on the Rule 69 (3) of Chapter VI of Railway Services (pension) Rules 1993 - (Which is available in https://www.scr.indianrailways.gov.in/uploads/files/1316056532434-pensionrules.htm )
The Rule says:
"69. Amount of pension
3. In calculating the length of qualifying service fraction of a year equal to three months and above shall be treated as a completed one half year and reckoned as qualifying service."
In the light of the above Rule 69(3) , Can it be concluded that my husband was eligible for pension..?
Further more, I would like to draw your attention about the Railway Board's letter No. F(E)III/90/PN-1/34 dated 14/12/1990 RBE No 235/1990
(Which is available on https://59.90.179.134/AGRA/PERSONNEL/IRESTT/listDetail.asp?Ino=9299)
The content of the letter is:
"Subject :- Railway Pension Rules.
Attention is invited to this Ministry's letter of even number dated 25.10.1990 as per which, a Railway servant who has completed service of 9 years 9 months and above but less than 10 years will be deemed to have completed 20 six monthly periods of qualifying service and, therefore, will become eligible for pension. The said orders become applicable to Railway servants retiring on and after the date of issue thereof.
2. A question was raised whether the above orders are also applicable to the past cases. The matter was examined in consultation with Department of Pension and Pensioners' Welfare and it has been clarified that past cases may also be regulated in line with the said orders dated 25.10.1990."
(Other relevant website may be : https://59.90.179.134/AGRA/PERSONNEL/IRESTT/listDetail.asp?Ino=5792 - The Railway Board's letter issued on 25.10.1990 is available here).
My Question is: Was my husband eligible for pension? If yes, then what should I do now?
After completion of his apprenticeship period, He was immediately appointed as a permanent employee in 9th June 1971 and thus , he totally served more than 15 years to Indian railway - why the entire period should not be treated as qualifying service? Is there any rule which says that , apprenticeship period shall be treated as qualifying service if it is followed by immediately a permanent appointment?
Is there any other suggestion for me to follow up the case..?
