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PETITIONER: ABID HUSSAIN AND OTHERS ETC.

       Vs.

RESPONDENT: UNION OF INDIA & ORS.

DATE OF JUDGMENT22/01/1987

BENCH: VENKATARAMIAH, E.S. (J) BENCH: VENKATARAMIAH, E.S. (J) THAKKAR, M.P. (J)

CITATION:  1987 AIR  820            1987 SCR  (2)  47  1987 SCC  (1) 532        JT 1987 (2)    72  1987 SCALE  (1)141

ACT:     Constitution  of India, Articles 14 and  32:  Air-Condi- tioned  Coach Incharges--Attendants, Northern  Railway--Dis- criminated  against in payment of  overtime  allowance--Held not justified.

HEADNOTE:     The  petitioners, Air-Conditioned  Coach  Incharges--At- tendants in Northern Railway, contended in their writ  peti- tions that their counterparts in Western, Central and  East- ern  Railways were being paid overtime allowance  for  extra duty  hours  exceeding 96 hours in two weeks, and  sought  a direction  to the Union of India and Railway  Administration to pay them the same allowance. Allowing the writ petition, the Court,     HELD: There  was  no justification  for  denying   over- time  allowance to the petitioners working in  the  Northern Railway.  The Union of India and the Railway  Administration to  pay with effect from June 1, 1984 overtime allowance  to the  petitioners on the same basis on which  their  counter- parts in the other three Railways are paid. [48B-C]     The  benefit  of the order to be extended  to  all  such employees  including  those who have retired and  those  who have not joined as petitioners. [48D]     All  arrears  of such allowances up to date to  be  paid within four months. [48D]

JUDGMENT:     ORIGINAL JURISDICTION:’ Writ Petition (C) Nos.  13748-84 of 1984. With Writ Petition (c) Nos. 1580626 of 1984. (Under Article 32 of the Constitution of India. ) 48 N.N. Keshwani and R.N. Keshwani for the Petitioners.     O.P. Sharma, Girish Chandra, C.V. Subba Rao and Miss  S. Relan for the Respondents. The following Order of Court was delivered:     It  is not disputed that the Air-conditioned  Coach  In-

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chargesAttendants  are  being paid overtime  allowances  for extra  duty  hours exceeding 96 hours in two  weeks  in  the Western Railway, Central Railway and Eastern Railway.  There is  no justification for denying overtime allowances on  the same basis to the Air-conditioned Coach Incharges-Attendants in the Northern Railway. We accordingly direct the Union  of India and the Railway Administration to pay with effect from July  1, 1984 the overtime allowance to the  Air-conditioned Coach  Incharges-Attendants working in the Northern  Railway on  the  same basis on which the Air-conditioned  Coach  In- charges-Attendants in the other three Railways, referred  to above,  are paid. All arrears of such allowances  upto  date shall  be  paid as early as possible and in  any  event  not later than four months from today. The benefit of this order shall be extended to all such employees including those  who have  retired and those who have not joined  as  petitioners herein. The Writ Petitions are allowed. No costs. P.S.S.                                             Petitions allowed. 49