LAWS(SC)-1997-7-131

CHAIRMAN RAILWAY BOARD Vs. C R RANGADHAMAIAH

Decided On July 25, 1997
CHAIRMAN,RAILWAY BOARD Appellant
V/S
C.R.RANGADHAMAIAH Respondents

JUDGEMENT

(1.) These appeals and special leave petitions filed by the Union of India and the Railway Administration involve the question regarding validity of the Notifications Nos. G.S.R. 1143(E) and G.S.R. 1144(E), dated December 5, 1988 issued in exercise of the power conferred on the President of India under the Proviso to Article 309 of the Constitution whereby Rule 2544 of the Indian Railway Establishment Code, Volume II (Fifth Reprint) has been amended with retrospective effect. By Notification No. G.S.R. 1143(E) the said rule was amended with effect from January 1, 1973 and by Notification No. G.S.R. 1144(E) the amendment was made with effect from April 1, 1979.

(2.) In Railways there are certain employees such as Drivers, Guards, Shunters, etc., who are connected with the movement of trains and are categorised as "running staff". In addition to the pay the running staff are entitled to payment of Running Allowance. Under the relevant rules computation of pension after retirement is made on the basis of average emoluments and a part of the Running Allowance is included in average emoluments. Provision in this regard is contained in clause (g) of Rule 2544 of the Indian Railway Establishment Code. Prior to its amendment by the impugned notifications Rule 2544 provided as follows:-

(3.) On the basis of the recommendations of the Third Pay Commission the pay scales of the staff in the Railways were revised by the Railway Services (Revised Pay) Rules, 1973 (hereinafter referred to as the 1973 Rules) notified vide notification dated December 7, 1973 which came into force on January 1, 1973. With regard to provisional payment of certain allowances in conjunction with pay fixed under the 1973 Rules, the Railway Board by their letter dated January 21, 1974 intimated that the question of revision of rules for regularisation of various allowances consequent upon the introduction of the revised pay-scales under the 1973 Rules was under the consideration of the Board and pending final decision thereon, the Board had decided as under:-