DIVISION RAILWAY MANAGER MUMBAI Vs. M C BAVISKAR

JUDGEMENT

(1.) Rule, by consent returnable forthwith. Counsel appearing on behalf of the Respondents waives service. By consent of Counsel and at their request taken up for hearing.

(2.) In its judgment dated 5th July, 2005, the Central Administrative Tribunal has held that the Respondents are entitled to have the Special Pay that was allowed to them while in service reckoned as part of emoluments for the purposes of pension and retiral benefits. The respondents retired on 31st May, 1993 from the service of the Western Railways. As Chief health Inspectors additional duties of a Food inspector under the Prevention of Food adulteration Act, 1964 were assigned to the respondents for which a Special Pay of Rs. 50/ - came to be allowed from 1st February 1981. That was increased to Rs. 100/- with effect from 1st January 1986. On 8th December, 1981, the railway Board introduced a Special Pay for health Inspectors Who had been entrusted with additional duties of Food Inspectors under the prevention of Food Adulteration Act, 1964 with effect from 1st January, 1981. The Railway board, however, clarified that this component of Special Pay shall not count as pay for the purposes of pay fixation.

(3.) Paragraph 1303 of the Indian railway Establishment Code defines the expression "pay" as follows :" (a) Pay means the amount drawn monthly by a Government servant as :- (i) the pay other than special pay or pay granted in view of his personal qualifications, which has been sanctioned for a post held by him substantively or in an officiating capacity or to which he is entitled by reason of his position in a cadre; and (ii) overseas pay, special pay and personal pay; and (iii) any other emoluments which may be specifically classified as pay by the president. "