Union Of India (Uoi) And Ors. vs Shanti Swarup And Ors.

1. The question in these appeals and (the Writ Petition turn on the interpretation of paragraph 157 of the Indian Railway Establishment Code Volume I. The case of the respondents in these appeals was that although Revised pay rules of 1974 were made applicable to all Number Takers employed in the Delhi Division of the North Western Railway alone were not given the benefit of the revised pay scales. They clamoured for the revision of their pay scales and far recognition of their due seniority. By an order made on Ist November, 1961, the Railway Board with the sanction of the President accepted their claim and gave them the scale of pay and the seniority to which they were entitled. Subsequently the Railway Board by an order dated 12th July, 1962 cancelled the earlier order in regard to seniority. The respondents questioned the order dated 12th July, 1962. One of the ground was that paragraph 157 of the Indian Railway Establishment Code under which the Railway Board claimed to have passed the order did not authorise the making of the order in question. Other grounds also were raised. The writ Petition filed by the respondents in the High Court of Delhi was accepted. The Union of India has preferred this appeal. We do not thick it is necessary to refer to the various grounds on which the High Court quash the order dated 12th July, 1962 of the Railway Board. The decision of the High Court can he sustain interpretation of paragraph 157 which is as follows: "The Railway Board have full powers to make Rules of general application to non gazetted railway servants under their paragraph, the Railway Board is empowered to make Rules of general application and not Rules applicable to individual cases or Sections of the same class or category of Railway/servants. The Railway Board could make a rule applicable to all Number Takers in the employment of the Railway Administration but it could not pick out the Number Takers of particular Division and make separate case. The order of 12th July, 1962, has been made applicable to Number Takers of the Delhi Division of the North Western Railway only. That cannot be done. The appeals are, therefore, dismissed with costs. No seperate arguments were advanced in writ Petition No. 653 of 1970 which is accordingly dismissed.