Supreme Court of India · 2013-09-06
Union Of India & Ors vs B.Banerjee
- Citation / case number
- AIRONLINE 2013 SC 33
- Court
- Supreme Court of India
- Petitioner
- Union Of India & Ors
- Respondent
- B.Banerjee
- Author
- Ranjan Gogoi
- Bench
- Ranjan Gogoi, Sudhansu Jyoti Mukhopadhaya
Judgment text excerpt
The Supreme Court held that the respondent, a medically decategorised Driver of the Indian Railways, is entitled to the allowance in lieu of kilometerage (ALK) despite performing stationary duties as a Crew Controller. The Court found that the respondent remained in the cadre of Driver, as per Railway Board Circular No.9/98, and thus was eligible for ALK, contrary to the subsequent Circular No.12/2004 which sought to deny this benefit. The Court overturned the Central Administrative Tribunal's decision and upheld the Calcutta High Court's ruling in favor of the respondent.