NDLI: Union of India Vs. S.r. Dhingra and Ors.

Union of India Vs. S.r. Dhingra and Ors.

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Union of India Vs. S.r. Dhingra and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	are pre- 1986 retirees-Vide OM dated 10-2-1998 apart from salary-Pension for 'Running Staff' computed by taking into account 'Running Allowance '-Respondents not justified- 'Running Allowance' could be considered for computing pension only once- Benefit of 'Running Allowance' already given to Respondents at the time of retirement could not be given again vide OM dated 10-2-1998 E -Clarification issued by Railway Board was valid-Indian Railway Establishment Code-r. 2 5 44( g). Running Staff' Service Law: Running Allowance-Given to 'Running Staff' in Railways pay of pre-1986 retirees revised on notional basis on 1-1-1986-Clarification issued by Railway Board that 'Running Allowance 'not to be taken into consideration at D the time of re-fixation of pay on notional basis on 1-1-1986- Quashed by Tribunal-Justification of-Held
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case Type	Transferred Case
Court	Supreme Court of India
Disposal Nature	Case Allowed
Headnote	Service Law:Running Allowance - Given to 'Running Staff' in Railways, apart from salary - Pension for 'Running Staff' computed by taking into account 'Running Allowance' - Respondents, 'Running Staff', are pre-1986 retirees - Vide OM dated 10-2-1998, pay of pre-1986 retirees revised on notional basis on 1-1-1986 - Clarification issued by Railway Board that 'Running Allowance 'not to be taken into consideration at the time of re-fixation of pay on notional basis on 1-1-1986 - Quashed by Tribunal - Justification of - Held, not justified - 'Running Allowance' could be considered for computing pension only once - Benefit of 'Running Allowance' already given to Respondents at the time of retirement could not be given again vide OM dated 10-2-1998 - Clarification issued by Railway Board was valid - Indian Railway Establishment Code - r. 2544(g).Two sets of employees of same rank - Retiring at different points of time - Held: One set cannot claim benefit extended to the other set on ground that they are similarly situated - Though they retired with the same rank, they are not of the same class or homogeneous group - Art. 14 has no application - Constitution of India, 1950 - Art. 14'Running Staff in the Railways viz. drivers, guards, shunters etc, who go along with the railway train, are entitled to an allowance called 'Running Allowance' apart from their salary. Computation of pension after retirement in the Railways is made on the basis of average emoluments plus a part of the Running Allowance which is included in average emoluments in terms of Rule 2544(g) of the Indian Railway Establishment Code.The present dispute relates to pension for the Running Staff who retired prior to 1986.In order to implement one recommendation of the 5th Pay Commission to give parity to the pre-1986 retirees with the post 1986 retirees, the pay of the pre-1986 retirees was fixed as on 1.1.1986, however, the pay so fixed was treated as average emoluments. On 10.2.1998, an Office Memorandum was issued providing for fixation of notional pay of all Government servants who retired prior to 1.1.1986 as on 1.1.1986. Due to certain doubts and confusion, a clarification was sought as to whether running allowance was to be added again while fixing the pay notionally as per the OM dated 10.2.1998. On 29.12.1999, the Railway Board issued clarification that running allowance was not to be taken into consideration at the time of re-fixation of pay on notional basis on 1.1.1986.Respondents filed application before the Tribunal challenging the said clarification. Appellants contended that only the pay was to be notionally fixed as per the OM dated 10.2.1998, and therefore, there was no need to add running allowance again since Running allowance would be added only if on the basis of pay so fixed the average emoluments was to be recalculated and that the said course of recalculation of average emoluments was specifically excluded by the said OM dated 10.2.1998. Tribunal allowed the application of respondents and quashed the Railway Board's clarification dated 29.12.1999. Several writ petitions were filed thereagainst in the High Court, one of which was transferred to this Court.
Judge	Hon'ble Mr. Justice Markandey Katju
Neutral Citation	2007 INSC 1304
Petitioner	Union Of India
Respondent	S.r. Dhingra And Ors.
SCR	[2007] 13 S.C.R. 746
Judgement Date	2007-12-14
Case Number	106

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