AIR 1997 SUPREME COURT 3828 ::1997 AIR SCW 3747 ::1998 LAB. I. C. 100 ::1997 (2) UJ (SC) 610 ::1998 (78) FacLR 222 ::1997 SCC (L&S) 1527 ::1997 (6) SCC 623 ::(1997) 5 Scale 209 ::1998 (3) ServLJ 76 SC ::(1998) 3 ServLJ 76 ::1997 (4) LabLN 7 ::1997 (3) SCT 722 ::1997 (2) SCJ 523 ::1997 (4) ServLR 759 ::(1997) 3 UPLBEC 2217 ::1997 (7) Supreme 408 ::(1997) 7 JT 180 (SC)

Supreme Court Of India

Hon'ble Judge(s): J. S. Verma, M. M. Punchhi, S. C. Agrawal, A. S. Anand, S. P. Bharucha , JJJ

Constitution of India , Art.309, Art.14, Art.16, Art.31(1), Art.19(1)(f)— (since omitted) Railway Establishment Code , Vol.II R.2544— Notification Nos. G.S.R. 1143(E) and G.S.R. 1144(E) dt. 5-12-1988 - Pension and retiral benefits - Computation in case of "running staff" of Railways - Consideration of "running allowance" granted to them - Notifications operating retrospectively - Reducing maximum limit from 75% to 45% for period from January 1, 1973 to March 31, 1979 and to 55% from April 1, 1979 onwards - Violative of Arts. 31(1) and 19(1)(f) - Also unreasonable and arbitrary and violative of Arts. 14 and 16 of Constitution. On December 5, 1988 when the impugned notifications were issued reducing consideration of maximum limit of "running allowance" for computing the pension and retiral benefits in case of "running staff", such as Drivers, Guards, Shunters, etc., who are connected with the movement of trains, from 75% to 45% for period from January 1, 1973 to March 31, 1979 and to 55% from April 1, 1979 onwards, the rights guaranteed under Articles 31(1) and 19(1)(f), Constitution of India were not available since the said provisions in the Constitution stood omitted with effect from June 20, 1979 by virtue of the Constitution (Forty-fourth Amendment) Act, 1978. But the notifications G.S.R. 1143(E) and G.S.R. 1144(E) have been made operative ....