1988 INSC 0407
                                              G. C. Ghosh and Others

                                                           Vs

                                             Union of India and Others

                                  Writ Petition (Civil) No. 939 to 945 of 1983

                                           (M. P. Thakkar, B. C. Ray JJ)

                                                      20.07.1988

                                                        ORDER

1. Rule nisi. Heard both the sides.

2. Reliance has been placed by the petitioners on the decision of the Allahabad High Court in Union
of India v. Smt. Afsar Jahan Begum rendered in Special Appeal No. 9 of 1975 on March 12, 1979.
The aforesaid decision has been accepted by the Railway Administration in the sense that no special
leave petition was preferred in this Court and the matter finally rested there. The petitioners who are
employees of Eastern Railway have contended that they are entitled to the same treatment as is
being accorded to their counterparts in the Northern Railway in pursuance to the aforesaid decision
rendered by the Allahabad High Court which has become final as between the Railway
Administration on the one hand the employees of the Northern Railway on the other. In the light of
the command of Articles 14 and 16 of the Constitution of India the same treatment is required to be
accorded to the petitioners regardless of the fact that they are serving in Eastern Railway unless it is
shown that there is some distinguishing feature, for according a different treatment. Learned
Additional Solicitor General appearing for the Railway Administration is not in a position to
contend that there is any such special distinguishing feature to justify denying of uniformity in
treatment. The prayer of the writ petitioners must accordingly be granted to the aforesaid extent. It
is therefore directed that the petitioners should be accorded the same treatment as their counterparts
are being accorded in the Northern Railway in regard to treating the running allowance granted to
the running staff as part of the pay when they are transferred or promoted to a stationary post during
the period they hold the officiating in the stationary post to the same extent and in the same manner
as enjoined by the Allahabad High Court pursuant to the aforesaid judgment. Writ petitions are
disposed of accordingly. There will be no order as to costs.

</html