ROBERT D SOUZA Vs. RAILWAY BOARD AND OTHERS

JUDGEMENT

(1.) The Government of India having accepted the recommendations of the Third Pay Commission in their third interim report dated 12th Sept. 1972 for granting a further instalment of interim relief with effect from the 1st Aug. 1972 to all Central Government employees drawing pay up to Rs. 575 per mensem at the rates indicated therein, the first respondent herein, the Railway Board, also decided by its order dated 23-9-1972 a true copy of which has been produced and marked as Ext. PI, that with effect from the 1st Aug., 1972 a further interim relief at that rate would be granted to all Railway servants who were in the pay ranges mentioned therein. It is averred in the writ petition that at the time of the filing of the writ petition the petitioner had a continuous service of 26 years in the Railway, and that from 1961 onwards he was employed as a Lascar. The third respondent, the Executive Engineer, Southern Railway, in and by Ext P3 order dated 29-4-1974, by which he disposed of Ext. P2 representation dated 12-2-1974 presented by the petitioner for payment of interim relief to him in terms of Ext P.1 order, held that he was not eligible for the interim relief, because he was not a regular employee on a monthly scale of pay, but was only a casual labourer on daily rates engaged in the construction wing (Project Works). The question to be decided is whether the casual worker also are entitled to the benefits of interim relief sanctioned under Ext. PI order of the first respondent Board.

(2.) Shri M M. Cherian, the counsel for the petitioner, submitted that in Ext P 1 order the first respondent did not make any distinction between permanent workers (or temporary workers) on the one hand, and casual workers on the other, and therefore the petitioner, inspite of his having been only a casual worker, was also entitled to the benefits of Ext. PI order In support of his contention he relied on the definition of the term "Railway servant" in Sec. 3(7) of the Indian Railways Act, 1890, which reads as follows:-

(3.) Shri Cherian also drew our attention to paragraph 2507 (a) of the Indian Railway Establishment Manual which lays down as follows:-