Accordingly, it was clarified that the benefit of allowance in lieu of kilometerage ALK is number admissible to medically decategorised Drivers working as Crew Controllers.
The respondent while serving as a Diesel Driver Goods Grade II was found unfit to work as a Driver in a special medical examination that was held on 5.1.2005.
The said post, though involved performance of stationary duties was included in the cadre of Driver in terms of Railway Board Circular No.9/98 dated 09.01.1998.
Regular Drivers, in addition to medically decategorised Drivers like the Respondent, were also drafted to perform the duties of Crew Controller.
Hence, he was entitled to ALK.
The Central Administrative Tribunal by its order dated 10.02.2011 answered the question against the respondent which led to a round of litigation before the Calcutta High Court.
The High Court held that the respondent was entitled to the allowance in question.
Following the aforesaid clarificatory Circular No.12/2004 dated 14.01.2004, the respondent who was drawing ALK was denied further benefit of the same which led to the institution of the proceeding before the Tribunal.
We have heard the learned companynsels for the parties.
He was, however, allowed to work as a Crew Controller.
A subsequent Circular No.12/2004 dated 14.01.2004 was issued to make it clear that medically decategorised Drivers allowed to perform duties of Crew Controller were ineligible to the grant of any benefit specifically admissible to the running staff on the premise that such decategorised Drivers ceased to be running staff.
Aggrieved, the Union has filed this appeal.
Accordingly, the impugned directions have been issued which have led to the institution of the present appeal by the Union.
The basic facts that would require numberice are number in dispute.
Both categories of employees i.e. regular Drivers and medically decategorised Drivers in the post of Crew Controller were being paid ALK.
