Rule 75 and Rule 18(3) railway

In the landmark case of Mala Devi vs. Union of India, the Supreme Court ruled in favor of a railway employee's widow seeking family pension. The deceased, Shri Om Prakash Maharaj, worked continuously for over 9 years in the Railways as a substitute employee before dying in harness. Both the Central Administrative Tribunal and the High Court had denied pension benefits citing lack of regularization and minimum service of 10 years. The Supreme Court overruled these decisions, holding that Rule 75 of the Railway Services (Pension) Rules, 1993 allows pension benefits to temporary employees with at least one year of continuous service. The Court directed payment of arrears and regular pension, plus ex gratia relief of Rs. 5 lakhs under Article 142 of the Constitution.