Holding

A railway servant is eligible for complimentary post‑retirement passes only on the basis of actual service on the railways, and the Railway Servant (Pass) Rules, 1986, which require a minimum of twenty years of railway service, apply at the time of retirement irrespective of prior service in other government departments or any weightage granted for voluntary retirement.

Summary

Dr. S. Bialiar Singh, after serving ten years with the Government of Orissa and three years with the Government of Chandigarh, joined the Central Railway in December 1975 and voluntarily retired in April 1987 after 11 years, 2 months and 9 days of railway service. Although his prior government service and a five‑year weightage for voluntary retirement were counted for pensionary benefits, he was denied complimentary railway passes on the ground that he had not completed the required twenty years of railway service. The Central Administrative Tribunal allowed his claim, but the Union of India appealed. The Supreme Court held that the Railway Servant (Pass) Rules, 1986, which require a minimum of twenty years of actual railway service, apply at the time of retirement and do not permit counting service in other government departments or the voluntary‑retirement weightage for the purpose of complimentary passes. Consequently, the respondent was not eligible for the passes and the Tribunal’s order was set aside.

Issues considered

Whether service rendered in other government departments can be counted towards eligibility for complimentary railway passes under the Railway Servant (Pass) Rules, 1986.
Whether the five‑year weightage granted for voluntary retirement can be counted for the purpose of obtaining complimentary railway passes.
Whether the Railway Servant (Pass) Rules, 1986, which were not in existence at the time of joining, apply to the respondent at the time of his retirement.

Subjects

railway servicecomplimentary passespensionvoluntary retirementservice tenureRailway Servant (Pass) Ruleseligibilityservice countingadministrative law

Judgment

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 ofjoining-
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. G

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 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.
1438-E; 437-Hl

c 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.
D [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

Union of India v. Jagdishwar Bhatt, 119971 11 SCC 217, relied on.

Jagdishwar Bhatt v. Union of India, (1996) 34 ATC 92, referred to.
F
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 service with the Central Railway on 1.4.1987. He would have
retired on superannuation on 26.11.1991. The respondent thus served as
followed: /

SL
No.
SERVICE RENDERED WITH YEARS MONTHS DAYS
c
I. Service rendered in Government 10 years G 28
of Orissa
2. Service rendered in the 3 years 7 14
Government of Chandigarh D
3. Service rendered in the Railways 11 years 2 9

Total 24 10 21

Prior to his voluntary retirement, he had sought a clarification as to E
whether his past services with the Government of Orissa and the Government
of Chandigarh would count for the purpose of pensionary benefits. By order
dated 29.5.1985, the appellants informed the respondent that his past services
with the Governments of Orissa and Chandigarh Jould count as qualifying
service for pensionary benefits. He would also get an additional five year's
service on account of voluntary retirement : and as a result his total service F
for pensionary benefits would be 29 years, 11 months and 9 days.

The respondent was accordingly granted retirement benefits. He has,
however, been denied complimentary railway passes on retirement on the
ground that his service with the railways was of less than 20 years and hence G
he was not eligible for complimentary railway passes on retirement. The
respondent moved the Central Administrative Tribunal by filing O.A. No. 530
of 1996 claiming a right to complimentary railway passes. His application has
been allowed by the Central Administrative Tribunal, Bombay Bench. Hence,
the Union of lnd!a through the General Manager, Central Railway, has filed
the present appeal. H
436 SUPREME COURT REPORTS [1997] SUPP. 5 S.C.R.

A Under Railway Services Pension Rules, Chapter III deals with q11alifying
service. Under Rule 22, the service of a railway servant which shall qualify
for pensionary benefits includes, inter a/ia, service rendered under the Central
Gove.rnment in a Civil Ministry or Department or a civilian employee under
the Ministry of Defence including the Ordinance Factories, or a State
Government before transfer to railways. In accordance with the provisions of
B Rule 27, such service will count fpr the purpose of pension. Rule 27 prescribes
the details of such counting of service for various kinds of pensionary
benefits. The respondent has been given the benefit of counting his previous
service with the State of Orissa and with the Government of Chandigarh as
qualifying service for the purposes of his retirement benefits under the said
C Pension Rules. Under the scheme of Voluntary Retirement for railway employees
which has been set out in the Railway Board's letter dated 9.11.1977 it is
provided .that in respect of those employees who are allowed to retire
voluntarily under the terms of that scheme, weightage of upto five years
would be given as an addition to the qualifying service in the case of those
who are governed by Railway Pension Rules. Accordingly, the respondent
D has also been given an addition of five years' service for the purpose of his
retirement benefits.

It is the contention of the respondent that the service which has been
counted as a part of his qualifying service and the weightage of five years'
service which has been given to him on account of his voluntary retirement,
E should also be taken into account for the purpose of giving him complimentary
railway passes after retirement. The Rules for grant of complimentary railway
passes are however, a completely different set of Rules unconnected with the
Rules relating to pension or voluntary retirement. Railway Servant (Pass)
Rules, 1986, have been framed in exercise of power conferred by the proviso
to Article 309 of the Constitution and they were in force at the time when the
F respondent retired. These Rules have undergone several amendments. At the
time when the respondent retired the relevant provisions of Railway Servant
(Pass) Rules, 1986 were as follows :
"Rule 8 : Post-retirement pass :-
(I) A post-retirement pass may be issued to a railway servant after
G
retirement or after he ceases to be a railway servant.
(2) The category of railway servants, the circumstances and the
conditions subject to which a pass under sub rule ( 1) may be
issued shall be as specified in Schedule IV."

H Schedule IV which deals with Post retirement compliinentary pass is as
lJ.0.1. v. S. BALIAR SINGH [SU.IA TA V. MANOHAR, .I.] 437

follows: A
Category Number of passes Conditions for Other
admissible in one issue of post Facilities
year retirement com-
plimentary pass
Groups: B
A&B
(a) With 20 years service 2 sets .... ....
on Railways and above
but less than 25 years.
(b) With 25 years service 3 sets .... ... .
on Railways and above
c
c
(a) With 20 years service I set .... ....
in the Railways and abo·:e
but less than 25 years.
(b) With 25 years service 2 set .... .... D
with Railways and above
D
(a) With 25 years service I set in alternate
in Railways and above year
(b) Less than 25 years E
service NIL .... ....
Under Schedule IV the category of persons who are eligible for post-
retirement complimentary pass consists of those with 20 years of service on
railways and above but less than 25 years or with 25 years of service on
railways and above. Each of the categories must have the specified number F
of years' service on railways. 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.] A
.• "railway servant" under the Railway Servant (Pass) Rules, 1986 is defined
under Rule 2 (h) to mean "a person who is a member of the service or holds G
a post under the administrative control of Railway Board and includes a
person who holds a post in the Railway Board. Persons lent from a service
or a post which is not under the administrative control of the Railway Board
to a service of post which is under such administrative control do not come
within the scope of this definition ... ". Under the Railway Servant (Pass) Rules,
I 986 the service which is counted for the purpose of grant of complimentary H.
438 SUPREME COURT REPORTS 11997] SUPP. 5 S.C.R.

A passes on retirement of a railway servant is service on the railways alone. The
respondent who had sei"ved 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.

The respondent contended that the weightage of five years' service
B given to persons retiring voluntarily shou Id also be given for the purposes
of complimentary railway passes after retirement. He has drawn our attention
to Clause 9 of the Railway Board letter of 9.11.1977 Which provides that the
weightage of five years given under the voluntary retirement scheme will
count towards post-retirement passes. Unfortunately for the respondent, even
C if)ie is given weightage of five years, his 11 years' service with the railways
becomes sixteen years' service. He still falls short of 20 years' service which
is required before he can obtain complimentary railway passes after retirement.

The Tribunal has relied heavily upon a judgment of Central
Administrative Tribunal, Jodhpur Bench in the case of Jagdishwer Bhatt v.
D Union of India, (I 996) 34 ATC 92 which was a similar case of a Divisional
Medical Officer in the railways who retired without completing 20 years of
service in the railways: While the Tribunal had granted him the benefit of
,omplimentary passes after retirement, in appeal, this Court by its judgment
and order dated 24.2.1997 (S.L.P.(C) No. 21339/96, Union ofIndia v. Jagdishwar
Bhatt, has set aside the order of the Tribunal. Th is Court had held that it is
E necessary to have a minimum 20 years of actual service in the railways before
a person qualifies for complimentary passes on retirement. It has held that the
extension of length of service on the basis of Rule 2423-A (C.S.R. 404-P) for
the purpose of superannuation pension is not available for counting service
in the railways for obtaining complimentary passes after retirement. What is
required to be counted is actual service in the railways. Far from helping the
F
respondent th.is judgment supports the view which we have taken. The
provisions of other Rules cannot be imported into Railway Servant (Pass)
Rules, 1986 unless these Rules so provide or unless any of the other Rules
so provide. •.

It was also contended by the respondent that Railway Servant (Pass)
G Rules, 1986 were not in existence when he joined the railways and therefore,
these Rules cannot be applied to him. However, when a person joins a
Government 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
H ~t the time when he retires. He acquires no vested rights by reason of the
U.0.1. v. S. BJ\LIAR SINGH [SU.IATJ\ Y. MJ\NOHJ\R • .I.] 439
Rules which were in force at the time when he joined the Government service. A

The respondent also contended that in the case of other officers who
have retired with less then 20 years of railway service, the Railway Board had
relaxed the Rules in order to grant complimentary railway passes to these
officers after retirement. His case was also similarly recommended but the
Railway Board has declined to relax the Rules in his favour. Looking to the B
Railway Servant (Pass) Rules, 1986 and the actual years of service rendered
by the respondent with the railways, this is not a fit case where one can
recommend any relaxation of Rules by the Railway Board assuming that the

- Railway Board has such power to relax the Rules. Learned counsel for the
appellants has stated before us that in view of the fact that the respondent C
took voluntary retirement and the railways lost many years of service of the
respondent, the Railway Board did not consider th is a fit case for relaxation ·
of Rules. The respondent who retired voluntarily on 1. 4. 1987 would have
otherwise retired in the year 1991. The Railway Board applied its mind to the
request and has refused to exercise its discretion, even if we assume that the
Railway Board had the power to relax the Rules. Hence this submission also D
has no merit.

The appeal is, therefore, allowed and the impugned order of the Tribunal
is"set aside. The application filed by the respondent before the Tribunal is
dismissed. There will, however, be no order as to costs.
E
M.P. Appeal allowed.