Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India, 1950-Articles 14, 16-Personnel of Audit Wing and Accounts Wing-Recommendation of 4th Central Pay Commission-Separate dates for implementation--Legality of-Principle of equal pay for equal work whether attracted. Constitution of India, 1950-Articles 14, 16--Equality before law-- Meaning-Civil Service-Classifying persons by State-Legality. The Bangalore Bench of Central Administrative Tribunal held that the employees belonging to the Accounts Wing of Indian Audit and Accounts Department were entitled to the benefit under Office Memo dated 12.6.87 Issued by the Government of India, Ministry of Finance, Department of Expenditure with effect from 1.1.86. Subsequently, some of the employees of the Accounts Wing in the Tamil Nadu filed petitions before the Madras Bench of the CAT, claiming that they also should be given the benefit with effect from 1.1.86. The Madras Bench did not agree with the view taken by the Bangalore Bench and the matter was referred to the Chairman of the CAT and a Full Bench was constituted. The Full Bench answered the reference agreeing with the view taken by the Bangalore Bench. The appeals, before this Court, were filed against several orders passed by the Madras Bench as well as the Bangalore Bench of the CAT. The appellants contended that the Office Memo dated 12.6.87 was based on the recommendations of the Fourth Central Pay Commission which consisted of two parts. The first part recommended corresponding scales of pay for the existing posts in the Accounts Wing giving effect from 1.1.86. The other part was contained in para 11.38. Pursuant to those recommendations the Government decided to implement the same with effect from 1.4.87; that the Full Bench failed to appreciate correctly the second part of the recommendation of the Pay Commission, which indicated that the number of posts to be placed in these scales were to be identified by the Government and the Government could therefore decide B and then give effect at a later date. The respondents-employees contended that the Pay Commission recommended that there should be parity in the pay scales of the staff in the I.A. & A.D. and other Accounts Organisations and since. all of them discharged similar dutiesĀ· the benefit should be extended to all or them uniformly with effect from 1.1.86; that the persons allocated to the Accounts Wing, who possessed similar qualifications before and after entry into the Department, were performing duties or same nature, as those allocated to the Audit Wing, and allowing them lower scales of pay than those allowed to the Audit Wing was violative of Articles 14 and 16 of the Constitution; that since all of them did the same work, they should be treated alike and the principle of equal pay for equal work was very much attracted; and that the recommendations of the Pay Commission should be accepted.as a whole in respect of all the categories of employees. On the question, "whether the benefit under Office Memo dated 12th June, 1987 issued by the Government of India, Ministry of Finance, Department of Expenditure should be extended to the members or the Accounts Wing or the Indian Audit and Accounts Department, with effect from 1.1.86, as in the case of Audit Wing, or whether it should be from 1.4.87 as indicated in the Office Memo?" |
Judge | Hon'ble Mr. Justice K. Jayachandra Reddy |
Neutral Citation | 1992 INSC 36 |
Petitioner | Union Of India And Ors. |
Respondent | Secretary, Madras Civil Audit & Accounts Association And Anr. Etc. |
SCR | [1992] 1 S.C.R. 530 |
Judgement Date | 1992-02-04 |
Case Number | 1783 |
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