Family pension denied for work-charged service where employment was never regularised and rules excluded such staff.

Family pension was unavailable to the deceased employee's family because the service rules required pensionable service to be under government, substantive and permanent, and paid by government. The employee remained a work-charged employee throughout, was never regularised, and served in a non-pensionable establishment under a contributory provident fund arrangement. The family pension scheme in Appendix 1 applied only within its stated terms, and para 11 excluded work-charged staff. A prior High Court reliance on an earlier decision was misplaced because that case involved materially different facts. The claim for family pension was therefore not maintainable.

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Issues: Whether the family members of a deceased work-charged employee, whose service was never regularised and who was a member of a contributory provident fund scheme, were entitled to family pension under the applicable service rules and family pension scheme.

Analysis: The applicable rules required service qualifying for pension to satisfy the prescribed conditions of being under government, substantive and permanent, and paid by government. The family pension scheme in Appendix 1 was available only within its stated terms, while para 11 excluded work-charged staff. The deceased employee remained a work-charged employee throughout, his service was not regularised, and he belonged to a non-pensionable establishment under a contributory provident fund arrangement. The earlier decision relied upon by the High Court involved materially different facts and did not govern the present claim.

Conclusion: The claim for family pension was not maintainable and the respondent was not entitled to family pension.

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