Employees under different Rly Boards to be treated equally: SC

New Delhi: The Supreme Court on Monday said that employees working under the Railway Board in different zones or divisions are required to be treated equally and there cannot be any discrimination.

The apex court dismissed the appeals filed by the Centre, through the Northern Railways, and others against the November 2019 verdict of the Delhi High Court that directed it to count 50 per cent of service rendered by commission vendors, prior to their absorption, as "qualifying service" for grant of pensionary benefits.

The top court noted that as far as commission vendors working in the western, eastern, southern and south-eastern railway are concerned, pursuant to different orders passed by the Central Administrative Tribunals (CAT) and the high courts, which have been confirmed by the apex court, the issue is held against the Railways.

"It cannot be disputed that employees working in different divisions/zones in the Railways are under the very same employer Railway Board which is under the Ministry of Railways. There are 16 zones and 68 divisions in the Railways," a bench of justices M R Shah and B V Nagarathna noted in its 36-page judgment.

"Therefore, the employees working under the same employer – Railway Board – working in different zones/divisions are required to be treated similarly and equally and are entitled to similar

benefits and are entitled to the same treatment. As rightly submitted on behalf of the respondents, there cannot be any discrimination inter se," the bench said.

On the ground of parity, it said, the commission vendors working in the Northern Railways are entitled to the same benefits that are held to be entitled to all similarly situated commission vendors working under different zones or divisions.

"There cannot be different criteria/parameters with respect to similarly situated employees – commission vendors/bearers working – in different zones/divisions, but working under the same employer," the top court said.

It said to deny similar benefits would tantamount to discrimination and be in violation of the Constitution's articles 14 (equality before law) and 16 (equality of opportunity in matters of public employment).