Railway employees to receive pension benefits for 50% of their service as Commission Vendors, affirming equality under Articles 14 and 16 of the Indian Constitution.
In a significant ruling, the Andhra Pradesh High Court has dismissed a writ petition filed by the Union of India and South Central Railway, upholding the decision of the Central Administrative Tribunal (CAT) to grant pensionary benefits to M. Venkateswara Rao, a former Commission Vendor in the railway sector. The judgment mandates that 50% of the service rendered by Rao as a Commission Vendor, prior to his regularization, be considered for pensionary benefits.
The Division Bench, comprising Justices Ravi Nath Tilhari and Purushottam Kumar Chintalapudi, emphasized the principles of equality enshrined in Articles 14 and 16 of the Constitution of India. They concluded that denying such benefits would amount to discrimination among similarly situated employees working under the same employer, the Railway Board.
The case stemmed from a challenge to an order dated August 2, 2019, which denied Rao's request for pension benefits calculated from his temporary service beginning in 1980. Rao, who became a permanent employee in 2006, argued that his earlier service should count towards his pension, a stance supported by precedents set in Supreme Court cases like Union of India v. Rakesh Kumar and Union of India v. Munshi Ram.
Highlighting the Supreme Court's rulings, the High Court reinforced that all Commission Vendors across different railway zones should be treated equally, and their prior service should be recognized for pension calculations. This decision echoes a broader judicial sentiment against discriminatory practices within the Indian Railways.
The court ordered the petitioners to implement the CAT's directive without delay, ensuring that Rao receives the due pension benefits retroactively from three years before the filing of his original application. This ruling not only impacts Rao but also sets a precedent for other Commission Vendors seeking similar relief across the Indian Railways.
Bottom Line :
Commission Vendors/Bearers working in different Railway Zones/Divisions under the same employer (Railway Board) are entitled to similar benefits, including counting 50% of their services rendered prior to regularization for pensionary benefits, as per the principle of equality under Articles 14 and 16 of the Constitution of India.
Statutory provision(s): Articles 14 and 16 of the Constitution of India, Rule 31 of the Railway Services (Pension) Rules, 1993.
Union of India v. M. Venkateswara Rao, (Andhra Pradesh)(DB) : Law Finder Doc id # 2969199
