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1988 Supreme(SC) 440

B.C.RAY, M.P.THAKKAR
G. C. Ghosh – Appellant
Versus
Union Of India – Respondent


(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

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