R.K.Saxena, J. - (1.) The applicants have approached the Tribunal under Section 19 of the Administrative Tribunals Act, 1985 to seek the relief that the orders dated 22-8-1988 (Annexure-A) and 24-4-89 (Annexure-B) be quashed, because of their being repugnant to the decision dated 24-5-1985 of Government of India.
(2.) The facts of the case ate that the applicants belong to Administerial staff of the Medical Branch oi Allahabad Division and are working under the respondents According to them, there are several branches such as Civil Engineering. Mechanical Engineering, Medical, Commercial, Telecommunication and others operating under the respondents. Medical Branch is administratively supervised in the division by Divisional Railway Manager. There are sub-divisions of this branch at Kanpur and Tundla and they are headed by the Medical Superintendent end Divisional Medical Officer in-charge. The ministerial staff of all the branches operating under the respondents, is availing the facility of 5 days a weak. Tracing the history, it it pointed out that the staff of all the branches was availing the facility of half Saturday prior to implementation of the report of the Second Pay Commission. When recommendations of Second Pay Commission were implemented vide order dated 4-6-1960, second Saturday was declared as holiday for the ministerial staff of all the branches including the Medical Branch of Allahabad division. When the Government of India introduced 5 days a week working system, the Ministry of Railways (Railway Board) also issued detailed instructions on 24-5-85 implementing the scheme for work for 5 days a week from Monday fa Friday with all Saturdays as closed. To make up for closed Saturday working, hours of the 5 days were increased by a hour. It was made clear In the order dated 24-5-1985 that those orders would be applicable to such of the railway officers which were observing demand Saturday of a month as holiday In terms of the orders dated 4-5-1960. Since the ministerial staff of the Medical branch of the Railways at Allahabad Division was availing second Saturday of the month as holiday, the switch over to 5 days a week was made. It appears that the system of work of 5 days a week was opposed and clarification was sought if five days a week should be made applicable in hospitals, and it was then that Annexure-A dated 22-8-1988 was issued in which it was mentioned that The ministerial staff in railway hospitals was not working in administrative office. They were supposed to observe 6 days a week. The Railway Board also issued order on 24-4-1989 Annexure-B indicating the staff of hospitals to work 6 days a week. This O.A. is, therefore, filed on alleging these orders violative of Articles 14 and 16 and seeking them to be declared null and void.
(3.) The respondents contested the claim of the applicants on the ground that the Instructions contained in letter dated 24-5-1985 of Ministry of Railways, were applicable to Civil Administrative Offices and the Railway hospitals were not administrative officers. It was further averred that the Doctors who are gazetted officers and other non-gazetted staff work 6 days in the weak in the hospitals and thus, ministerial staff in the officers attached to the hospitals is also required to work 6 days a week. It is denied if the ministerial staff of the medical branch is part of the administrative office. Thus, it is contended that there is no merit in the case.;