Union of India & Ors. v. B. Banerjee
RANJAN GOGOi, J. 1. The. precise question that arises
for determination in the present appeal is whether the
respondent, a medically decategorised Driver of the Indian
Railways, working as a Crew Controller with stationary duties,
E is entitled to allowance in lieu of kilometerage (ALK). The
Central Administrative Tribunal by its order dated 10.02.2011
answered the question against the respondent which led to a
round of litigation before the Calcutta High Court. The High
Court held that the respondent was entitled to the allowance in
F question. Aggrieved, the Union has filed this appeal.
2. The basic facts that would require notice are not in
dispute. The respondent while serving as a Diesel Driver
(Goods) Grade-II was found unfit to work as a Driver in a
special medical examination that was held on 5.1.2005. He
G was, however, allowed to work as a Crew Controller. The said
post, though involved performance of stationary duties was
included in the cadre of Driver in terms of Railway Board
Circular No.9/98 dated 09.01.1998. Regular Drivers, in addition
to ·medically decategorised Drivers like the Respondent, were
H also drafted to perform the duties of Crew Controller. Both
UNION OF INDIA & ORS. v. B. BANERJEE 299
[RAN JAN GOGOi, J .]
categories of employees i.e. regular Drivers and medically A
decategorised Drivers in the post of Crew Controller were being
paid ALK. A subsequent Circular No.12/2004 dated
14.01.2004 was issued to make it clear that medically
decategorised Drivers allowed to perform duties of Crew
Controller were ineligible to the grant of any benefit specifically B
admissible to the running staff on the premise that such
decategorised Drivers ceased to be running staff. Accordingly,
it was clarified that the benefit of allowance in lieu of
kilometerage. (ALK) is not admissible to medically
decategorised Drivers working as Crew Controllers. Following c
the aforesaid clarificatory Circular No.12/2004 dated
14.01.2004, the respondent who was drawing ALK was denied
further benefit of the same which led to the institution of the
proceeding before the Tribunal. The Tribunal, as it appears from
its order dated 10.02.2011, took the view that following his D
medical decategorisation the respondent ceased to be a
running staff and as he had been performing stationary duties
he is not entitled to any Running Allowance. The High Court,
on being approached by the respondent, however, took the
view that even after his medical decategorisation the
respondent continued to remain in the cadre of Driver (the said E
cadre included the post of Crew Controller). Hence, he was
entitled to ALK. Accordingly, the impugned directions have been
issued which have led to the institution of the present appeal
by the Union.
3. We have heard the learned counsels for the parties.
4. To appreciate the issues arising in the present appeal,
it will be necessary to· notice the relevant provisions of the
Running Allowance Rules (1981) as embodied in the Indian
Railway Establishment Manual - Volume-I (Revised Edition G
1989).
5. Rule 902 (2)(iii) defines "running duties" to mean "duties
directly connected with the movement of trains and performed
by running staff while employed on moving trains or engines H
A including shunting engines".
Sub-rule (iv) of Rule 902 is in the following terms:
"(iv) "Running staff' performing "running duties" shall refer
to Railway servants of the categories mentioned below:
Loco Traffic
(a) Drivers, including (a) Guards
Motormen & Rail Motor
Drivers but excluding
Shunters.
(b) Shunters (b) Assistant
Guards
(c) Firemen, including
" Instructing Firemen, Electric
Assistant on Electric
Locos and Diesel Assistant
/Drivers. Assistants on
Diesel Locos.
"Running Allowance" as defined in sub-rule (v) of Rule 902
is extracted below:
"(v) "Running Allowance" means an allowance ordinarily
granted to running staff in terms of and at the rates
specified in these rules, and/or modified by the Central
Government in the Ministry of Ra11ways (Railway Board),
for the performance of duties directly connected with
charge of moving trains and includes a "Kilometrage
Allowance" and "Allowance in lieu of kilometrage" but
excludes special compensatory allowances."
6. Rule 903 which is quoted below makes it clear that 30%
of the basic pay of the running staff is required to be treated
H as representing the pay element in the Running Allowance:
UNION OF INDIA & ORS. v. B. BANERJEE 301
[RANJAN GOGOi, J.]
"903. Pay element in Running Allowance:-30% of the A
basic pay of the running staff will be treated to be in the
· nature of pay representing the pay element in the Running
• Allowance. This pay element would fall under clause (iii)
of Rule 1303-FR-9 21(a) i.e. "emoluments which are
specially classed as pay by the President". s
7. Rule 905 deals with the types of allowances admissible
to running staff and is in the following temis:
"905. Types of Allowances admissible to Running
Staff:-Running staff shall be entitled to the following C
allowances subject to the conditions specified by or under
these rules:
(i) Kilometrage Allowance for the performance of
running duties, in terms of and at the rates specified 0 in these rules.
' (ii) An allowance in lieu of kilometrage ,(ALK) for the
performance of stationary duties such as journeys
on transfer, joining time, for attending enquiries or
law courts on Railway business, attending E
departmental inquiries as Defense Counsel or
witness, Ambulance classes, volunteer duty in
connection with Territorial or other similar Fund and
Staff Loans Fund Committees, meeting of Railway
Institutes, Welfare and Debt Committees, Staff F
Benefit Fund ~nd Staff Loan Fund Committees,
Staff and Welfare Committees, for attending the
meetings of Railway Co-operative Societies in
cases where special casual leave is granted for
doing so, medical and departmental examinations, G
participating in recognized athletic contests and
tournaments, scouting activities and Lok Sahayak
Sena Camp, representing recognized labor
organizations, attending periodical meetings with
District offices, Heads of Departments and General H
Managers, attending First-aid classes, undergoing
training in carriage sheds and as worker teacher
under the Workers' Education Scheme attending
training schools for refresher and promotion
. courses, undergoing sterilization operation under
· Family Planning Scheme appearing in Hindi
Examination Guards booked on escort duty of
treasure and other insured parcels on trains, Drivers
and Firemen when kept spare for a day or two to
enable them to examine and clean the engines
thoroughly before being deputed to work special
trains for VIPs, or any other duties which may be
declared in emergencies as qualifying for an
allowance in lieu of kilometrage.
(iii) Special Compensatory Allowances
The running staff are eligible for the following compensatory
allowances under the circumstances and at the rates
specified in these rules: '
(a) Allowance in lieu of Running Room facilities.
(b) Breach of rest allowance.
(c) Outstation (Detention) Allowance.
(d) Outstation (Relieving) Allowance.
(e) Accident Allowance.
(iv) An official Allowance when undertaking duties in higher
grades of posts open to running staff or in stationary
G appointments."
8. Rule 907 which deals with allowance in lieu of
kilometerage (ALK) is in the following terms :
"907. Allowance in lieu of Kilometrage (ALK)
UNION OF INDIA & ORS. v. B. BANERJEE .303
[RANJAN GOGOi, J.]
When running staff are engaged in or employed on non- A
running duties as specified in Rule 3 (ii) above, they shali
be entitled to the payment of an allowance in lieu of
Kilometrage as indicated below for every calendar day for
such non-running duties as may be required to be
performed by them: B
(a) When such non-running duties are performed by the
running staff at their headquarters, they shall be paid the
pay element of the Running Allowance, namely, 30% of the
basic pay applicable for the day.
(b) When such non-running duties are performed by the
running staff at outstations, they shall be paid ALK at the
following rates:
c-
S. No. Category of New Revised/
Running Staff scales of pay rates of D
ALK (160
km.) per
dayw.e.f.
1-11-
1986* E
1. Mail Driver 1640-2900 45.20
2. Passenger Driver 1600-2660 45.10
3. Goods Guard 1350-2200 45.05 F
4. First Fireman/ 950-1500 30.90
Diesel Asstt./
Electric Asstt
5. Second Fireman 825-1200 26.25
6. Shunter 1200-2040 33.05
7. Mail Guard. 1400-2600 36.95
8. Passenger Guard 1350-2200 36.90
9. Goods Guard 1200-2040 36.80
10. Assistant Guard/ 950-1400 22.00
Brakes men
9. From the provisions of the Running Allowance Rules,
extracted above, it is abundantly clear that only a specific
category of employees in the Railways like Drivers, Motormen,
Firemen, Guards, Assistant Guards etc. who constitute the
C running staff and such staff who are directly connected with the
movement of trains perform running duties. Running Allowance
under the Rules is required to be paid only to the running staff
who are engaged in the performance of duties directly
connected with the movement of trains and such allowance
includes kilometerage allowance or allowance in lieu of
D kilometerage (ALK). While kilometerage allowance is to be
paid for performance of actual running duties, the allowance in
lieu of kilometerage (ALK) is to be paid to such members of
the running staff who are temporarily required to perform
stationary duties. The rules also make it clear that 30% of the
basic pay of the running staff is required to be treated as
E representing the-pay element in the Running Allowance. Those
members of the running staff who are employed on non-running
duties are paid the aforesaid 30% of the basic pay if such non
running duties _are performed at the headquarters whereas in
case such non-running duties are performed by the running staff
F at outstations they are required to be paid ALK at the rates
prescribed by Rule 907(b). It is thus clear that no Running
Allowance i.e. either kilometerage allowance or allowance in
lieu of kilo~terage is contemplated for any staff, including
erstwhile members of the running staff, permanently engaged
G in performance of stationary duties. Running Allowance of either
description is required to be paid only to members of the
running staff who are directly engaged in actual movement of
trains or such staff who are temporarily assigned stationary
duties but who are likely to go back and perform running duties.
The respondent does not fall in either of the above two
H categories.
UNION OF !NOIA & ORS. v. B. BANERJEE 305
[RANJAN GOGOi, J.]
10. The retention of decategorised Drivers working as A
Crew Controllers in the original cadre of Drivers by the Railway
Board's Circular No.9/98 dated 09.01.1998 and their
entitlement to Running Allowance (ALK) has to be understood
in the above context. The aforesaid inclusion, which is wholly
fictional, cannot confer any benefit contrary to the express B
provision of the Running Allowance Rules inasmuch as a
decategorised Driver working as a Crew Controller is not a
member of the running staff or engaged in performance of
running duties as defined by the provisions of Running
Allowance Rules. The above position has been made C
abundantly clear by the Railway Board Circular No.12/2004
dated 14.01.2004, details of which have already been noticed.
11. There is yet another aspect of the matter which would
require a mention. Under Rule 903 of the Running Allowance
Rules, as noticed above, 30% of the basic pay of the running D
staff represents the pay element in the Running Allowance.
Therefore, in case of medically decategorised Driver, like the
respondent, the said component being a part of the pay drawn
by him 1as a running staff has to be protected. The same
apparently has been done as is evident from the rejoinder E
affidavit of the Union. The above act of the appellants also
ensures compliance with the provisions of Section 47 of the
Persons with Disabilities (Equal Opportunities, Protection of
Rights and Full Participation) Act, 1995 which entitles the
respondent to receive the pay and service benefits earlier drawn F
by him. The Running Allowance to which the respondent was
entitled while he was a member of the running staff has been ·
protected as a part of his pay in the post of Crew Controller. In
such circumstances, any further grant of ALK will not be justified.
12. We, therefore, hold that the High Court was not justified G
in issuing the impugned directions for grant of ALK to the
respondent. The order of the High Court dated 20.06.2011 is
therefore set aside and the appeal is allowed.
K.K.T. ~ Appeal allowed. H .