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1997 Supreme(SC) 1012

A. S. ANAND, J. S. VERMA, M. M. PUNCHHI, S. C. AGRAWAL, S. P. BHARUCHA
K. C. Sharma – Appellant
Versus
Union Of India – Respondent


JUDGMENT

S.C. Agrawal, J.-Delay in filing of the Special Leave Petition is condoned.

Special Leave granted.

2. This appeal is directed against the judgment of the Principal Bench of the Central Administrative Tribunal (hereinafter referred to as the Tribunal ) dated July 25, 1994 in O.A. No. 774 of 1994. The appellants were employed as guards in the Northern Railway and they retired as guards during the period between 1980 and 1988. They felt aggrieved by the Notifications dated December 5, 1988 whereby Rule 2544 of the Indian Railways Establishment Code was amended and for the purpose of calculation of average emoluments the maximum limit in respect of Running Allowances was reduced from 75% to 45% in respect of period from January 1, 1973 to March 31, 1979 and to 55% for the period from April 1, 1979 onwards.

3. The validity of the retrospective amendments introduced by the impugned notifications dated December 5, 1988 had been considered by the Full Bench of the Tribunal in its judgment dated December 16, 1993 in O.A. No. 395-403 of 1993 and connected matters and the said notifications in so far as they gave retrospective effect to the amendments were held to be invalid as being vi







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