LexUNION OF INDIA AND ANR. versus DR. S. BALIAR SINGH
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UNION OF INDIA AND ANR. A V. DR. S. BALIAR SINGH NOVEMBER 25, 1997 [SUJATA V. MANOHAR AND D.P. WADHWA, JJ.] B Service Law-Railway Servant (Pass) Rules, I 986-Complimentary Railway Passes-Entitlement to-Respondent served under two State Governments before joining the Railways where he served for eleven years- C Held, Not eligible for Complimentary Railway Passes-It is necessary to have a minimum 20 years of actual service in the Railways before a person qualifies for complimentary passes on retirement-Service rendered in other Govt. Departments counted as qualifYing service for pensionary benefits but does not count for entitlement to Complimentary Railways Passes-Railway Service Pension Rules. D Service Rules-Rules in question not in existence at the time of joining- Applicability-Held, applicable-Service conditions are liable to change either by amendment or addition of statutory rules and other administrative instruciions-An employee will be governed by the rules in force at the time when he retires. E The respondent after serving under the Govt. of Orissa from 14-04- 1962 to 11-05-1972, and the Govt. of Chandigarh from 15-05-1972 to 29-12- 1975, ultimately joined Railways as Plastic Surgeon on 31-12-1975. He was allowed to voluntarily retire from his service with the Central Railways on 1-04-1987. The past service of the respondent was counted for the purpose F of Pensionary Benefits. Since the Respondent was denied complimentary railway passes on retirement on the ground that his service with the Railways was of less than 20 years, he moved the Central Administrative Tribunal which allowed the claim. Against this, the Union of India preferred the present appeal. On behalf of the appellant Union of India it was contended that the benefit of counting the previous service as qualifying service for pensionary benefits cannot be taken into account for the purpose of giving complimentary railway passes after retirement. 433 G H 434 SUPREME COURT REPORTS [1997] SUPP. 5 S.C.R. A Allowing the appeal, this Court HELD: 1.1. It is necessary to have a minimum 20 years of actual service in the Railways before a person qualifies for complimentary passes on retirement. Under the Railway Servant (Pass) Rules, 1986 the service which is counted for the purpose of grant of complimentary passes on B retirement of a Railway Servant b service on the Railways alone. The respondent who had served in the Railways only for 11 years, 2 months and 9 days, therefore, does not qualify for Complimentary Railway Passes on retirement since he has to his credit Railway Service of less than 20 years. c D 1438-E; 437-Hl 1.2. The Rules for grant of complimentary railway passes are completely different set of rules unconnected with the rules relating to pension or voluntary retirement. There is no provision in the Railway Servant (Pass) Rules, 1986 for counting service in any other organisation, the State Government or the Central Government for the purpose of railway passes. [436-E; 437-E] 2. When a person joins a Govt. service such as the railways, he knows that his service conditions are liable to change either by amendment or addition of statutory rules and other administrative instructions. He will be governed by the rules in force at the time when he retires. He acquires no E vested rights by reason of the Rules which were in force at the time when he joined the Govt. service. 1438-HI F Union of India v. Jagdishwar Bhatt, 119971 11 SCC 217, relied on. Jagdishwar Bhatt v. Union of India, (1996) 34 ATC 92, referred to. CIVIL APPELLATE JURISDICTION: Civil Appeal No. 8327 of 1997. From the Judgment and Order dated 21.11.96 of the Central Administrative Tribunal, Mumbai in O.A. No. 530 of 1996. G A.S. Nambiar, (Ms. Kanupriya Mittal, Ms. Sushma Suri for Arvind Kr. Sharma for the Appellants. Janaranjan Das for the Respondent. The Judgment of the Court was delivered by H MRS. SUJAT AV. MANO HAR, J. Delay Condoned. U.0.1. v. S. 13ALIAR SINGH fSU.IATA V. MANOIIAR . .I.] 435 Leave granted. A The respondent initially served under the Government of Orissa from 14.4.1962 to l l .5. l 972. Thereafter he served with the Government of Chandigarh from 15.5.1972 to 29.12.75. The respondent joined the railways and was appointed as plastic surgeon at Byculla Hospital, Central Railway, on 3 l.12.1975. He sought voluntary retirement and was allowed to voluntarily B retire from his se
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