JUDGMENT

S.C. Agrawal, J.-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