Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law : Central Reserve Police Force Act 1949 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Central Reserve Police Force Act, 1949 (66 of 1949) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law : Central Reserve Police Force Act, 1949: Ration money-Sanctioned to combatised staff but not to non-combatised ministerial and non-gazetted staff who had not opted for combatised staff-Claim for grant of ration money by non-gazetted non-combatised hospital staff-Allowed by Tribunal-On appeal, held, the Tribunal erred in equating both the classes under the principle of "Equal pay for equal work"-The terms and conditions of services of combatised and non-conbatised staff are totally different-Neither a case of "equal pay for equal work" nor a case of discrimination or violation of the Constitution-Constitution of India, 1950; Articles 14 and 16. The respondents were non-gazetted non-combatised hospital staff working with the Central Reserve Police Force. The services of the respondents were governed by the Central Civil Services Rules, whereas the combatised personnel were governed by the Central Reserve Police Force Act, 1949. The non-gazetted personnel of Central Reserve Police Force including ministerial staff were sanctioned ration money when they were working in the operational areas. This concession was not admissible to the ministerial and non-gazetted staff who were not combatised. The Government of India, vide letter dated 20th February, 1981 converted the civilian posts of non-gazetted ministerial staff into combatised staff. The civilian and hospital staff were given option to choose for combatised staff. The respondents did not exercise the option and remained in the civilian posts. As per the pay commission recommendations, the Govt. sanctioned the ration money only to the non-gazetted combatised personnel and the personnel who have not opted for the combatised staff were not entitled to the same. However, by subsequent order dated 24th February 1989, ration allowance was restored to those who were working in the operational areas. The respondents who had not opted for combatised staff approached the Tribunal with the grievance that they were unfairly denied the benefit of grant of ration money which was available to combatised non-gazetted personnel. The Tribunal while allowing their claim quashed the letter dated 24th February 1989 and directed the appellant to pay 50 per cent of the ration allowance to the non-gazetted non-combatised staff. Hence the present appeal. |
Judge | Hon'ble Mr. Justice Ajay Prakash Misra |
Neutral Citation | 1998 INSC 27 |
Petitioner | Union Of India And Ors. |
Respondent | Shri Ram Gopal Agarwal And Ors. |
SCR | [1998] 1 S.C.R. 202 |
Judgement Date | 1998-01-15 |
Case Number | 4368 |
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