Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950: Articles 14 Parity of Pay-Scale 16 and 39: Service |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Constitution of India, 1950-Articles 14, 16 and 39-Service-Parity of Pay-Scales-Disparity in educational qualifications between two sets of employees-Appellants, draftsman working in Central Water Commission (CWC) and draftsmen in CPWD doing similar type of work-Held, no parity of treatment in giving benefit of retrospective revision of pay scales to CPWD draftsmen and not to CWC-Service law. Article I 6-Tribunal granting relief in separate fact situations to. Employees in other department who were similarly circumscribed as draftsmen in C.P.W.D-Cannot be pressed in service almost automatically by the appellant in peculiar facts of the case wherein they are not similarly situated as their counters parts in C.P.W.D. Article 136-Appeal-Discrimination regarding extension of retrospective benefit of pay scales-Not canvassed for consideration-Raises disputed question of fact-Such questions cannot be raised before Supreme Court for the first time. The draftsmen in Grades I, II and Ill in CWC and CPWD were enjoying identical pay scales form 1st January, 1947 to 20th June, 1980. However, the pay scales of draftsmen of CPWD were revised upwards on 20th June, F 1980 giving effect notionally from 1st January, 1973 and benefit of arrears from 28th and 29th July, 1978 The appellants Employed in CWC made number of representations to the Respondent authorities Claiming parity The Government of India issued Office Memorandum on 13th March, I 984, whereby all draftsmen Grade. I, II and III working in all the Government Departments similarly qualified were required to be placed and given revised pay scales. This was with effect from 1st May, 1982 notionally from 16th November, 1978 and actually from 1st November, 1983 in view of the award given by the Board of Arbitrator to CPWD Draftsmen in 1980. Thereafter as per amendment of Recruitment Rules on 27th November, 1987 pay scale of appellants were revised and brought at par with CPWD from 9th November, 1987 with qualification also at Par. The appellants prayed before CAT, that benefit of pay scales should be given to them from 1st January, 1973 instead of 9th November, 1997 partly notionally and subsequently actually and they were extended the actual and notional benefit of pay scale as per Official Memorandum of 13. 3. 1984. In appeal to this court it was contended on behalf of the appellants that the notional benefit of revised pay scales of draftsmen from 1st January, 1973 to 16th November, 1978 instead of from 13th May, 1982 to 31st October, 1983 be given to them |
Judge | Hon'ble Mr. Justice S.B. Majmudar |
Neutral Citation | 1998 INSC 8 |
Petitioner | Nain Singh Bhakuni And Ors. |
Respondent | Union Of India And Ors. |
SCR | [1998] 1 S.C.R. 41 |
Judgement Date | 1998-01-08 |
Case Number | 2985 |
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