1. Dispute over eligibility for post-retirement complimentary railway passes — counting of past non-railway service and voluntary retirement weightage under Railway Servant (Pass) Rules, 1986. (Para 3 , 4 , 5 )
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1997 Supreme(SC) 1530
1998(5) Supreme 283
Supreme Court of India
(From CAT, Mumbai)
Sujata V. Manohar & D.P. Wadhwa, JJ.
Union of India & Anr. -Appellants
versus
Dr. S. Baliar Singh -Respondent
C.A. No. 8327 of 1997
(Arising out of SLP (C) No. 21707 of 1997)
Decided on 25-11-1997
Counsel for the Parties :
For the Appellants : Mr. A.S. Nambiar, Senior Advocate, (Ms. Kanupriya Mittal, Ms. Sushma Suri) Advocates for Arvind Kr. Sharma, Advocate.
For the Respondent : Mr. Janaranjan Das, Advocate.
Important Points
Important Point
In order to be entitled to the benefit of complimentary railways passes on retirement, an employee who has served in the railways must have to his credit 20 years of service in railways alone.
In order to be entitled to the benefit of complimentary railways passes on retirement, an employee who has served in the railways must have to his credit 20 years of service in railways alone.
Subject
Employment - Retirement Benefits
Act Referred
Headnote
Constitution of India-Art. 309 Proviso-Railway Servant (Pass) Rules, 1986-Rule 8(2) and Schedule IV-Post-retirement complimentary railway passes-Grant of-20 years of service in railways only-Necessary for availing benefit of complimentary railway passes on retirement-Further more, Rules for grant of complimentary railway passes-Different and unconnected with Rules relating to pension or voluntary retirement or any other Rules. (Paras 9, 10, 11 & 14)
Legal Category Hierarchy
Table of Contents
2. Whether past service with other governments and voluntary retirement weightage applicable for pensionary benefits can be counted for eligibility for post-retirement complimentary railway passes. (Para 7 , 10 , 12 , 13 )
3. Pension and pass rules are distinct; eligibility for complimentary passes requires actual railway service, and service conditions are governed by rules in force at the time of retirement. (Para 6 , 7 , 9 , 10 , 11 , 12 , 13 )
4. Eligibility for post-retirement complimentary railway passes requires a minimum period of actual service on railways as specified in the Railway Servant (Pass) Rules, 1986. (Para 9 , 11 )
5. Appeal allowed, the order of the Tribunal set aside, and the application for complimentary railway passes dismissed. (Para 14 )
6. Can past service with State or Central Government be counted for post-retirement railway passes?
No. The Railway Servant (Pass) Rules, 1986, only count service rendered on the railways. There is no provision for counting service in other organizations, State Governments, or the Central Government for the purpose of granting complimentary passes. (Para 9 )
7. Does weightage given for voluntary retirement for pension purposes apply to complimentary railway passes?
Even if weightage is given, the employee must still meet the minimum actual railway service requirement (e.g., 20 years) specified in the Pass Rules to be eligible for post-retirement complimentary passes. (Para 10 , 11 )
8. Are employees governed by the rules in force at the time of joining or at the time of retirement?
Employees are governed by the rules in force at the time of their retirement. Service conditions are liable to change via amendments or additions, and employees acquire no vested rights to rules existing at the time of joining. (Para 12 )
9. Can rules governing pensionary benefits be imported into the rules governing complimentary railway passes?
No. The rules for granting complimentary railway passes are a completely different set of rules unconnected with pension or voluntary retirement rules and cannot be imported unless the rules specifically provide for such a connection. (Para 7 , 11 )
Judgment
Mrs. Sujata V. Manohar, J.-Delay Condoned.
2. Leave granted.
3. The respondent initially served under the Government of Orissa from 14.4.1962 to 11.5.1972. Thereafter he served with the Government of Chandigarh from 15.5.1972 to 29.12.75. The respondent joined the railways and was appointed as plastic surgeon at Byculla Hospital, Central Railway, on 31.12.1975. He sought voluntary retirement and was allowed to voluntarily retire from his service with the Central Railway on 1.4.1987. He would have retired on superannuation on 26.11.1991. The respondent thus served as followed :
S.No. Service Rendered with Years Months Days
1. Service rendered in 10 years 0 28 Government of Orissa
2. Service rendered in 3 years 7 14 Chandigarh
3. Service rendered in the 11 years 2 9 Railways
Total 24 10 21
4. Prior to his voluntary retirement, he had sought a clarification as to whether his past services with the Government of Orissa and the Government of Chandigarh would count for the purpose of pensionary benefits. By order dated 29.5.1985, the appellants informed the respondent that his past services with the Governments of Orissa and Chandigarh would count as qualifying service for pensionary benefits. He would also get an additional five years’ service on account of voluntary retirement; and as a result his total service for pensionary benefits would be 29 years, 11 months and 9 days.
5. The respondent were accordingly granted retirement benefits. He has, however, been denied complimentary railway passes on retirement on the ground that his service with the railways was of less than 20 years and hence he was not eligible for complimentary railway passes on retirement. The respondent moved the Central Administrative Tribunal by filing O.A. No. 530 of 1996 claiming a right to complimentary railway passes. His application has been allowed by the Central Administrative Tribunal, Bombay Bench. Hence, the Union of India through the General Manager, Central Railway, has filed the present appeal.
6. Under Railway Services Pension Rules, Chapter III deals with qualifying service. Under Rule 22, the service of a railway servant which shall qualify for pensionary benefits includes, inter alia, service rendered under the Central Government in a Civil Ministry or Department or a civilian employee under the Ministry of Defence including the Ordinance Factories, or a State Government before transfer to railways. In accordance with the provisions of Rule 27, such service will count for the purpose of pension. Rule 27 prescribes the details of such counting of service for various kinds of pensionary benefits. The respondent has been given the benefit of counting his previous service with the State of Orissa and with the Government of Chandigarh as qualifying service for the purposes of his retirement benefits under the said Pension Rules. Under the scheme of Voluntary Retirement for railway employees which has been set out in the Railway Board’s letter dated 9.11.1977 it is provided that in respect of those employees who are allowed to retire voluntarily under the terms of that scheme, weightage of upto five years would be given as an addition to the qualifying service in the case of those who are governed by Railway Pension Rules. Accordingly, the respondent has also been given an addition of five years’ service for the purpose of his retirement benefits.
7. It is the contention of the respondent that the service which has been counted as a part of his qualifying service and the weightage of five years’ service which has been given to him on account of his voluntary retirement; should also be taken into account for the purpose of giving him complimentary railway
