SUPREME COURT OF INDIA
B.C.Ray : M.P.Thakkar
G.C.Ghosh
Versus
Union Of India
Case No. : 939 , 945 of 1983
Date of Decision : 7/20/88
Constitution Of India,1950 - Articles 14 and 16 - Employment of Eastern Railway - Railway Administration - petitioners on the decision of Allahabad High court in Union of India Begum rendered in Special Appeal afore said decision has been accepted by Railway Administration in the sense that no special leave petition was preferred in this court and the matter finally rested there petitioners who are employees of Eastern Railway have contended that they are entitled to same treatment as is being accorded to their counterparts in Northern Railway in pursuance to the aforesaid decision rendered – Held, Court which has become final as between Railway Administration on one hand and employees of the Northern Railway on other - In light of command of Articles Constitution of India same treatment is required be accorded to petitioners regardless that they are serving in Eastern Railway unless it shown that there is some distinguishing feature for according a different treatment- Additional Solicitor General appearing for Rail- way Administration not in a position contend that there any such special distinguishing feature to justify denying of uniformity in treatment prayer of writ petitioners must accordingly be granted to aforesaid extent - It is therefore directed that petitioners should be accorded same treatment as their counterparts are being accorded in Northern Railway in regard to treating running allowance granted to running staff as part of pay when they are transferred or promoted to a stationary post during the period they hold officiating in stationary post to same extent and in the same manner as enjoined by Allahabad High court pursuant to the aforesaid judgment – Petition disposed
(1) RULE nisi. Heard both the sides.
(2) RELIANCE has been placed by the petitioners on the decision of the Allahabad High court in Union of India v. Smt Afsar Jahan Begum rendered in Special Appeal No. 9 of 197 5/03/1979. The afore- said decision has been accepted by the Railway Administration in the sense that no special leave petition was preferred in this court and the matter finally rested there. The petitioners who are employees of East- ern Railway have contended that they are entitled to the same treatment as is being accorded to their counterparts in the Northern Railway in pursuance to the aforesaid decision rendered by the Allahabad High Court which has become final as between the Railway Administration on the one hand and the employees of the Northern Railway on the other. In the light of the command of Articles 14 and 16 of the Constitution of India the same treatment is required to be accorded to the petitioners regardless of the fact that they are serving in Eastern Railway unless it is shown that there is some distinguishing feature, for according a different treatment. Learned Additional Solicitor General appearing for the Rail- way Administration is not in a position to contend that there is any such special distinguishing feature to justify denying of uniformity in treat- ment. The prayer of the writ petitioners must accordingly be granted to the aforesaid extent. It is therefore directed that the petitioners should be accorded the same treatment as their counterparts are being accorded in the Northern Railway in regard to treating the running allowance granted to the running staff as part of the pay when they are transferred or promoted to a stationary post during the period they hold the officiat- ing in the stationary post to the same extent and in the same manner as enjoined by the Allahabad High court pursuant to the aforesaid judg- ment. Writ petitions are disposed of accordingly. There will be no order as to costs.
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