(A) Constitution of India, Art.142 - Constitution of India, Art.309 - Railway Service Pension Rules (1993), R.75 - Railway Service Pension Rules (1993), R.18 - Family pension - Entitlement - Appellant's claim for family pension was rejected on the Ground that employment of her deceased husband was not regularised - Deceased was absorbed in service as substitute in 1986 and served for 9 years 8 months and 26 days - After one year of continuous service, deceased had acquired status of a temporary railway servant for purposes of Railway Service (Pension) Rules of 1993 and thus became entitled to benefit of family pension, as any other temporary railway servant - Depriving appellant of family pension, for the deceased not having completed 10 years of qualifying service was not in congruence with legislative intent of Indian Railway Establishment Manual and Railway Pension Rules of 1993 - Also, deceased had reached necessary stage of screening for regularisation of post, and served till death - Appellant was entitled for grant of family pension along with arrears of family pension - Order of High Court rejecting claim of family pension was set aside - Considering that appellant was pursuing litigation since long, and salient purpose of family pension is to help dependents tide over crisis, ex-gratia amount of Rs. 5,00,000/- was awarded to appellant, in exercise of power under Art.142. (Para 9, 11, 12, 13, 14, 15)

(A) Criminal P. C. (2 of 1974), S. 319 - Summoning of additional accused - Legality - Offences u/Ss. 302, 307, 504 and 506 IPC - Proposed accused was named in FIR and specific role was assigned to him by informant - During trial three witnesses named proposed accused and assigned him specific role indicating that he was present at scene of occurrence, armed with a stick - Prima facie there was sufficient material on record to put proposed accused on trial - While quashing order of summoning additional accused, High Court had conducted mini-trial, which was impermissible at this stage - Order of High Court was set aside and order of trial court summoning additional accused , was restored. (Para 14-26)