Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN MONDAY, THE 15TH DAY OF JANUARY 2024 / 25TH POUSHA, 1945 AGAINST THE ORDER/JUDGMENT DATED 16.01.2017 IN OA BENCH
PETITIONERS: 1 UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER,SOUTHERN RAILWAY, HEAD QUARTERS OFFICE,PARK TOWN P.O., CHENNAI - 600 003. 2 FINANCIAL ADVISER CHIEF ACCOUNTS OFFICER SOUTHERN RAILWAY, HEAD QUARTERS OFFICE,PARK TOWN P.O., CHENNAI - 600 003. 3 DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION,TRIVANDRUM - 695 014. 4 SENIOR DIVISIONAL FINANCE MANAGER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION,TRIVANDRUM - 695 014. 5 SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF RAILWAYS, RAILWAY BOARD,RAIL BHAVAN, NEW DELHI - 110 001. BY ADVS. SRI.S.RADHAKRISHNAN, SENIOR PANEL, RAILWAYS SREEJITH P. R RESPONDENT: VIJAYAN R. AGED 65, S/O. K.RAJAN,(RETD. LOCO PILOT (SHUNTING)/OFFICE OF THE CHIEF CONTROLLER, SOUTHERN RAILWAY/ERNAKLULAM JUNCTION, TRIVANDRUM DIVSION),RESIDING AT: DOOR NO.43, SHOBHA
..2.. NAGAR,AVARAN PALAYAM, GANAPATHI P.O.,COIMBATORE, TAMIL NADU - 641 006. BY ADVS. SRI.T.C.GOVINDA SWAMY SMT.T.N.SREEKALA THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 15.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..3..
J U D G M E N T
A. Muhamed Mustaque, J The issue in this original petition is covered in favour of the petitioner-Railway in the light of the
judgment in O.P CAT No.28 of 2015. The issue in this
case is whether the running staff in the Railways are entitled to have DCRG reckoning the element of Dearness Allowances calculated with respect to the enhanced basic pay with 55%. This issue was answered in favour of the party respondents. However, in similar case, this Court reversed the order of the tribunal in O.P CAT No. 28 of
2015. Following the above judgment, this original
petition is allowed and the impugned order is set aside. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- SHOBA ANNAMMA EAPEN JUDGE PR ..4.. APPENDIX OF OP (CAT) 159/2017 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF RULE 49 OF THE RAILWAY (SERVICES) (PENSION) RULES, 1993 ANNEXURE A2 TRUE COPY OF RAILWAY BOARD ORDER BEARING RBE NO.142/97 DATED 5/11/1997 ANNEXURE A3 TRUE COPY OF RULE 924 OF CHAPTER X OF THE INDIAN RAILWAY ESTABLISHMENT MAUNAL VOL.I ANNEXURE A4 TRUE COPY OF RAILWAY BOARD ORDER BEARING RBE NO.112/2008 DATED 15/9/2008 ANNEXURE A5 TRUE COPY OF RAILWAY BOARD ORDER BEARING RBE NO.202/2008 DATED 26/12/2008 ANNEXURE A6 TRUE COPY OF ORDER DATED 21/10/2014 IN OA NO.962/2013 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH ANNEXURE A7 TRUE COPY OF THE REPRESENTATION DATED THE 3RD RESPONDENT EXHIBIT P1 TRUE COPY OF THE OA NO. 180/00358/2015 FILED BEFORE THE CENTAL ADMINISTRTIVE TRIBUNAL, ERNAKULAM BENCH ALONG WITH ANNEXURES. EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT DATED
30.4.2015 IN OA NO. 180/00358/2015 FILED BY THE PETITIONERS BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.
RESPONDENT ANNEXURES Annexure R1 TRUE COPY OF RAILWAY BOARD'S LETTER NO.F(E) III/2008/PN1/13 DATED 15.09.2008[RBE NO.112/2008] PETITIONER EXHIBITS ..5.. EXHIBIT P3 TRUE COPY OF THE ORDER OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED 16TH JANUARY 2017 IN OA NO. EXHIBIT P4 TRUE COPY OF RULES 3(III), 3(IV), 3(V) &
E(VI) OF THE RULES OF THE PAYMENT OF RUNNING AND OTHER ALLOWANCES TO THE RUNNINGSTAFF ON RAILWAYS, 1981.
EXHIBIT P5 TRUE COPY OF PARA 1507 AND 1509 OF THE INDIAN RAILWAY ESTABLISHMENT CODE, VOL.II. EXHIBIT P6 TRUE COPY OF THE RULE 49 OF THE RAILWAY SERVICES (PENSION) RULES, 1993. EXHIBIT P7 TRUE COPY OF ILLUSTRATION. EXHIBIT P8 TRUE COPY OF RAILWAY BOARD'S LETTER NO.PCV/2004/A/DA/1 DATED 11.3.2004 (RBE EXHIBIT P9 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN CA NO. 5444 OF 2014 ARISING FROM SLP(P) 16207/2010. EXHIBIT P9(A) TRYUE COPY OF THE JUDGMENT OF THE HIGH COURT OF CHHATTISGARH IN WPC NO. 3068 OF 2009. EXHIBIT P9(B) TRUE COPY OF THE ORDER OF THE TRIBUNAL, JABALPUR BENCH IN OA 619/06.