O.A. No. 489/2009 & 492/2009. Case: 1. K. Sivathanu Pillai S/o Kumara Swami Pillai, Retd. Sr. Loco Inspector, Southern Railway, Palghat Division, 2. C. Thankamony S/o Chellappan Pillai, Retd. Sr. Loco Inspector, Southern Railway, Palghat Division, 3. M. D. Thomas S/o Daniel, Retd. Sr. Loco Inspector, Southern Railway, Trivandrum, 4. K. Ravindran S/o Kunjan Pillai, Retd. Sr. Loco Inspector, Southern Railway, Trivandrum, 5. A. C. Abraham S/o Cheriyan, Retd. Sr. Loco Inspector, Southern Railway, Trivandrum, 6. G. Chandran S/o Gopalan, 7. V. Ramachandran Nair S/o Velayudhan Pillai, Retd. Sr. Loco Inspector, Southern Railway, Trivandrum, 8. Mohan Kuruvilla S/o Kuruvilla, Retd. Sr. Loco Inspector Southern Railway, Trivandrum, 9. K. Raveendran S/o Kunju Pillai, Retd. Sr. Loco Inspector, Southern Railway, Trivandrum Vs 1. Union of India, Represented by Chairman Railway Board, New Delhi, 2. General Manager, Southern Railway, Chennai, 3. Divisional Railway Manager, Southern Railway, Palghat. Central Administrative Tribunal
| Case Number | O.A. No. 489/2009 & 492/2009 |
| Counsel | M. P. Varkey, Thomas Mathew Nellimoottil |
| Judges | K. Noorjehan (Administrative Member), J. |
| Issue | Indian Railway Establishment Code |
| Judgement Date | June 14, 2010 |
| Court | Central Administrative Tribunal |
Judgment:
K. Noorjehan (Administrative Member), (Ernakulam Bench)
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These two Applications were heard together as the facts and legal issue raised in these Applications are same.
O.A. 489/2009
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The applicants are retired Senior Loco Inspectors from Palghat Division of Southern Railway in 1999 and 1997 respectively. Their retiral benefits were settled in terms of Annexure A-2 order by adding 30% add on pay element to their basic pay. However, they came to know by orders/judgments in Annexure A-4 to A-8 that Loco Inspectors are entitled to have 55% of pay element added to their basic pay for computing retirement benefits. Aggrieved they submitted representations for extension of the benefits granted to similar retirees in terms of the said decisions. Since there was no response, they moved this O.A for a declaration that they are entitled for extension of the retiral benefits granted to similarly placed retirees as per A-4 and A-8 orders/judgments and to direct the respondents to revise the same accordingly.
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The respondents in the reply statement submitted that retirement benefits of running staff are computed on Pay plus a specified component of Running Allowance/Pay. They submitted that Loco Inspectors/Senior Loco Inspectors who are in the cadre of Loco Running Supervisors are not classified as running staff in the Rules as such they are not eligible for the reliefs sought for. They relied on Rules 3(iii), (iv),(v) and (xvi) of the "Rules for the payment of Running and other Allowances to the Running Staff on Railways 1981" wherein a distinction is made between Running Staff and Stationery Staff and Rule 1507 and 1509 of Indian Railway Establishment Code Vol.II. They submitted that the job of the Loco Running Supervisors is only to supervise the work of the running staff. When running staff are promoted to the post of Loco Inspectors, the benefit of adding an element of 30% basic pay is given at the time of fixation of pay in the higher post. As such, they ceased to be running staff from the date of their appointment as Loco Running Supervisors.
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They further avsered that on appointment as Loco Inspectors, the basic pay is initially fixed by adding 30% add on element and finally on retirement further 30% of pay is added to their pay for the pensionary benefits. They have given the following illustration:
Sl. No.
Percentage of running allowance to be added for pensioners benefit
Percentage of Running Allowance
Assume...
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