G C GHOSH Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule nisi. Heard both the sides.

(2.) Reliance has been placed by the petitioners on the decision of the allahabad High court in Union of India v. Smt Afsar Jahan Begum rendered in Special Appeal No. 9 of 197 5/03/1979. The aforesaid decision has been accepted by the Railway Administration in the sense that no special leave petition was preferred in this court and the matter finally rested there. The petitioners who are employees of Eastern Railway have contended that they are entitled to the same treatment as is being accorded to their counterparts in the Northern Railway in pursuance to the aforesaid decision rendered by the Allahabad Highcourt which has become final as between the Railway Administration on the one hand and the employees of the Northern Railway on the other. In the light of the command of Articles 14 and 16 of the Constitution of india the same treatment is required to be accorded to the petitioners regardless of the fact that they are serving in Eastern Railway unless it is shown that there is some distinguishing feature, for according a different treatment. Learned Additional Solicitor General appearing for the Railway Administration is not in a position to contend that there is any such special distinguishing feature to justify denying of uniformity in treatment. The prayer of the writ petitioners must accordingly be granted to the aforesaid extent. It is therefore directed that the petitioners should be accorded the same treatment as their counterparts are being accorded in the Northern Railway in regard to treating the running allowance granted to the running staff as part of the pay when they are transferred or promoted to a stationary post during the period they hold the officiating in the stationary post to the same extent and in the same manner as enjoined by the Allahabad High court pursuant to the aforesaid judgment. Writ petitions are disposed of accordingly. There will be no order as to costs.