Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Equality clause-Equal pay for equal work |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Equality clause-Equal pay for equal work-Whether the principle applies to the payment of Special pay as well-Direct Recruits (Non-deputationists) in the C.B.l. paid lesser special pay from Sub-Inspectors to Dy. Suptd. of Police cadre than the deputationists from the State cadre-Whether discriminatory and offends Article 14 of the Constitution. There are two classes of officials amongst those who are holding the posts of Sub-Inspectors, Inspectors and Deputy Superintendents of Police in the Central Bureau of Investigation namely (i) who are directly recruited and (ii) those who have been drawn from various State cadres on deputation basis. The deputationists are paid Deputation Allowance as compensation for the temporary displacement from their parent cadres occasioned by their deputation to the Central Bureau of Investigation. Pursuant to the recommendation of the Third Pay Commission as accepted by the Central Government both the Direct recruits and "deputationists" in the rank of Sub-Inspectors and Inspectors were paid equal rate of Special Pay from 1.7.73, while the Dy. Superintendents were not paid anything. Both the direct recruits and the deputationists posted in one of the Central Units were granted Special Pay considering the special nature of duties of investigating officers, by its letter No. 203/13/76-AUD-II dated 21.6.1976. But the Special Pay granted to the deputationists were more in all the three categories. Having failed to get the disparity in the payment of Special Pay set aright at the departmental level, the aggrieved direct recruits (non deputationists) have approached the Supreme Court for justice through their petitions under Article 32 of the Constitution. |
Judge | Honble Mr. Justice E.S. Venkataramiah |
Neutral Citation | 1987 INSC 13 |
Petitioner | M.p. Singh, Dy. Supdt. Of Police C.b.i. & Ors. |
Respondent | Union Of India And Ors. |
SCR | [1987] 1 S.C.R. 1014 |
Judgement Date | 1987-01-16 |
Case Number | 13097 |
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