Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Railway Establishment Manual Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:-Railway Establishment Manual-Volume I (RevisedEdition 1989) - Running Allowance Rules, 1981 - n:902, 903,905 and 907 - Allowance in lieu of kilometerage (ALK) -Entitlement - To medically decategorised Driver, working asCrew Controller with stationary duties - Held: RunningAllowance is to be paid only to running staff engaged in actualmovement of trains or to the staff temporarily assignedstationary duties who are likely to go back and performrunning duties - Medically decategorised Driver, in stationary duty, since not falling in either of the categories, not entitledto Running Allowance (ALK) - Running Allowance to which themedically decategorised staff was entitled, while a memberof running staff, has been protected as part of his pay in thepost of Crew Conrol/er - Such act of the appellant is incompliance with the provisions of s.47 of Disabilities Act - Persons with Disabilities (Equal Opportunities, Protection ofRights and Full Participation) Act, 1995 - s.47.The question for consideration in the present appealwas whether the respondent, a medically decategorised Driver of the Indian Railways, working as a CrewController with stationary duties, was entitled toallowance in lieu of kilometerage (ALK). |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2013 INSC 593 |
Petitioner | Union Of India & Ors. |
Respondent | B. Banerjee |
SCR | [2013] 10 S.C.R. 296 |
Judgement Date | 2013-09-06 |
Case Number | 7298 |
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