Risk and hardship allowance cannot be denied solely because a Track Maintainer was initially appointed as Chowkidar.

The applicant was initially appointed as a Chowkidar on 22 June 1984. Pursuant to Railway Board Circular RBE No. 91/2012, the post of Chowkidar was merged with the cadre of Track Maintainer-IV. He was subsequently promoted as Track Maintainer-III and, by Office Order dated 29 June 2021, as Track Maintainer-II.

The Railway Board’s letter dated 13 March 2018 provided Risk and Hardship Allowance of ₹2,700 per month to eligible Track Maintainers. The applicant submitted representations dated 31 August 2021, 21 October 2021 and 13 December 2021 seeking payment of the allowance, but received no relief. He retired as Track Maintainer-II on 30 November 2022.

The respondents contended that the allowance was payable only to Track Maintainers who actually performed duties on railway tracks. According to them, the applicant had been appointed as a Chowkidar and, despite being placed in the Track Maintainer cadre, had not performed track-related duties; therefore, mere designation or merger of posts did not create entitlement.

The applicant filed the Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the allowance, arrears and consequential benefits.

Whether the applicant, having been promoted and designated as Track Maintainer-II after merger of the post of Chowkidar with the Track Maintainer cadre, fell within the category entitled to Risk and Hardship Allowance under the Railway Board’s letter dated 13 March 2018.

Whether the respondents could deny the allowance on the ground that the applicant had not actually performed duties on the railway track.

Whether the applicant was entitled to payment of arrears and consequential benefits, subject to verification of his eligible service period.

The application was maintainable under Section 19 of the Administrative Tribunals Act, 1985.

Railway Board Circular RBE No. 91/2012 governed the merger of the post of Chowkidar with the post of Track Maintainer-IV.

The Railway Board’s letter dated 13 March 2018 recognised Track Maintainer-I, II, III and IV as categories eligible for Risk and Hardship Allowance and prescribed the allowance at ₹2,700 per month for employees in Level 8 and below.

The governing principle applied by the Tribunal was that an employee falling within the recognised Track Maintainer categories could not be denied the benefit merely because he had originally entered service in another post that was subsequently merged into the Track Maintainer cadre, absent material demonstrating his exclusion from the covered category.

The Tribunal found that the applicant’s merger into the Track Maintainer cadre, subsequent promotions to Track Maintainer-III and Track Maintainer-II, and seniority in that cadre were undisputed.

Since the Railway Board’s letter dated 13 March 2018 expressly covered Track Maintainer-II and did not exclude employees originally appointed as Chowkidars, the applicant prima facie fell within the eligible category.

Although the respondents relied on the requirement of actual performance of track duties and on the Railway Board’s clarification dated 10 August 2017 and the General Manager (Vigilance)’s letter dated 1 August 2023, they produced no specific order or other material establishing that the applicant was excluded from the category covered by the 2018 letter.

Accordingly, the Tribunal held that the applicant’s original appointment as Chowkidar could not, by itself, justify denial of the allowance.

However, instead of directing automatic payment for the entire claimed period, it required verification of the service records and determination of the period during which the applicant was actually eligible.

The respondents were directed to verify the applicant’s service records and determine the period for which he was eligible for Risk and Hardship Allowance under the Railway Board’s letter dated 13 March 2018.

If found eligible, they were to calculate and pay the allowance at ₹2,700 per month, together with admissible arrears and consequential benefits, within three months of receiving a certified copy of the order.

No order was made as to costs, and all pending miscellaneous applications were disposed of.