Extension of 55% pay element to Chief Loco Inspectors (CLIs) for computation of retiral benefits – Circulation of Hon’ble Supreme Court’s Order dated 04.09.2025 in SLP (C) Diary No. 47186/2025 – Union of India & Ors. vs. Arun Mukherjee & Ors: Railway Board Order dated 16.09.2025
MOST IMMEIDATE
COURT MATTER
भारत सरकार / GOVERNMENT OF INDIA
रेल मंत्रालय / MINISTRY OF RAILWAYS
रेलवे बोर्ड / RAILWAY BOARD
No.E(P&A)II/2025/Misc./5
New Delhi, dt. 16.09.2025
The General Managers,
All Indian Railways
(except SER)
Sub: Circulation of Hon’ble Supreme Court’s Order dated 04.09.2025 in SLP (C) Diary No. 47186/2025 – Union of India & Ors. vs. Arun Mukherjee & Ors.- regarding.
Please find enclosed herewith a copy of the Hon’ble Supreme Court’s order dated 04.09.2025 in the matter of Union of India & Ors. vs. Arun Mukherjee & Ors. [SLP (C) Diary No. 47186/2025], whereby the Hon’ble Court has stayed the operation of the impugned judgment of the Hon’ble High Court, Calcutta, dated 18.03.2025 in WPCT No. 39/2025.
2. The issue involved in the above case pertains to extension of 55% pay element to Chief Loco Inspectors (CLIs) for computation of retiral benefits. This is the first case on this subject in which a stay has been granted by the Hon’ble Supreme Court, after the summary dismissal of Civil Appeal No. 3110/2016 in Union of India & Ors. vs. Kishan Lall & Ors. by the Hon’ble Supreme Court.
2. While issuing notice in the present SLP, the Hon’ble Supreme Court has, inter alia, taken note of the following:
- There exists a clear distinction between running staff and static (Stationary) staff, and only those employees directly involved in the movement of trains (locomotive pilots/drivers and guards) are entitled to running allowance.
- Equating running staff with static staff for allowances or pay element benefits is inequitable and violative of Article 14 of the Constitution of India.
- Reliance was placed on earlier Supreme Court decisions in Union of India & Ors. vs. B. Banerjee (2013) 10 SCC 265 and Union of India & Ors. vs. O.P. Saxena & Ors. (1997) 6 SCC 360.
- The Hon’ble Court has also observed that implementation of the impugned High Court order would lead to anomalies, as highlighted in the tabulated chart placed at page 224 of the SLP, (copy enclosed for ready reference) and therefore stayed the effect and operation of the said judgment.
3. In light of the above, Zonal Railways are directed to actively rely on this order while contesting similar claims relating to extension of 55% pay element to CLIs in pending before CATs/High Courts. Specific reference should be made to the anomalies noted by the Hon’ble Supreme Court in the tabulated chart while defending such claims. The stand of the Ministry of Railways must be defended vigorously, and the cited judgments may also be referred to both in counter affidavits and during oral arguments.
4. Strict compliance may please be ensured.
Encl.: As above.
(Manoj Kumar)
Dy. Director/Estt. (P&A)II
Railway Board
Tele No. – 011-47845113
Email ID : manoj.rb[at]gov.in
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