Sharma & Ors Vs. Union of India & Ors  INSC 619 (25 July 1997)
M.M. PUNCHHI, S.C. AGRAWAL, A.S. ANAND, S.P. BHARUCHA
25TH DAY OF JULY, 1997 Present:
the Chief Justice Hon'ble Mr. Justice M.M.Punchhi Hon'ble Mr. Justice S.C.Agarwal
Hon'ble Dr.Justice A.S.Anand Hon'ble Mr.Justice S.P.Bharucha J.M. Khanna, Adv.
for the appellants.
following Judgment of the Court was delivered;
AGARWAL, J. :- Delay in filing of the Special Leave Petition is condoned.
appeal is directed against the judgment of the Principal Bench of the Central
Administrative Tribunal (hereinafter referred to as 'the Tribunal') dated July
25, 1994 in O.A. No. 774 of 1994. The appellants were employed as guards in the
Northern Railway and they retired as guards during the period between 1980 and
1988. They felt aggrieved by the notifications dated December 5, 1988 whereby
Rule 2544 of the Indian Railways Establishment Code was amended and for the
purpose of calculation of average emoluments the maximum limit in respect of
Running Allowances was reduced from 75% to 45% in respect of period from
January 1, 1973 to March 31, 1979 and to 55% for the period from April 1, 1979
validity of the retrospective amendments introduced by the impugned
notifications dated December 5, 1988 had been considered by the Full Bench of
the Tribunal in its judgment dated December 16, 1993 in O.A. No. 395-403 of
1993 and connected matters and the said notifications in so far as they gave
retrospective effect to the amendments were held to be invalid as being violative
a Articles 14 and 16 of the Constitution. Since the appellants were adversely
affected by the impugned amendments, they sought the benefit of the Full Bench
of the Tribunal by filing representations before the Railway Administration.
Since they failed to obtain redress, they filed the application (O.A. NO. 774
of 1994) seeking relief before the Tribunal in April 1994. The said application
of the appellants was dismissed by the Tribunal by the impugned judgment on the
view that the application was barred by limitation. The Tribunal refused to
condone the delay in the filing of the said applications.
correctness of the decision of the Full Bench of the Tribunal has been affirmed
by this Court in Chairman, Railway Board & Ors. V. C.R. Rangadhamaiah &
Ors., Civil Appeals Nos. 4174-4182 of 1995 and connected matters decided today.
regarding to the facts and circumstances of the case, we are of the view that
this was a fit case in which the Tribunal should have condoned the delay in the
filing of the application and the appellants should have been given relief in
the same terms as was granted by the Full Bench of the Tribunal. The appeal is,
therefore, allowed, the impugned judgment of the Tribunal is set aside, the
delay in filing of O.A. No. 774 of 199 is condoned and the said application is
allowed. The appellants would be entitled to the same relief in matter of
pension as has been granted by the Full Bench of the Tribunal in its judgment
dated December 16, 1993 in O.A. Nos. 395-403 of 1993 and connected matters. No
order as to costs.