Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Forests Service (Pay) Second Amendment Rules 2008 Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Constitution of India – Article 227 – Indian Forests Service (Pay) Second Amendment Rules, 2008 –Amended Rules provided for upgradation of one existing post of Principal Chief Conservator of Forest (PCCF) as the Head of Forest Force in the apex scale – Respondent no.1 who retired as PCCF sought revision of his pension as per said Rules – Rejected – Filed application before Tribunal, dismissed – Writ petition allowed by High Court – Said order was challenged by appellant before Supreme Court, SLP was disposed of granting liberty to approach the High Court – Accordingly, appellant filed review petition, dismissed – Present appeals challenge the said order and the order passed by High Court allowing the writ petition, held: While disposing of the SLP, the appellant was granted liberty to approach the High Court, also the SLP was disposed of without expressing any opinion on merits – All the issues were kept open for being considered by High Court in the Review Petition, and the appellant was permitted to approach this court, if aggrieved by the order passed therein as well as in the Writ Petition – Present appeals maintainable – On merits, since the respondent no.1 had retired as the PCCF in the year 2001, much prior to the coming into force of the Amended Rules of 2008, his claim to get the benefit of the apex scale as per the said rules was misconceived – Apex scale was fixed for the upgraded post w.e.f. 27.09.08 and was to be filled up by way of selection and not as a matter of course – Further, power u/ Article 227 is to be used sparingly and only in appropriate cases – High Court wrongly set aside the well considered order of Tribunal by applying the principle of “equal pay for equal work” – Interference was unwarranted – Orders passed by High Court set aside. Service Law – Selection – Held: Filling up a post by selection would always require a process of screening the eligible employees, and cannot be automatic on the basis of seniority. Service Law – Equation of post, determination of pay scales – Held: Equation of post and determination of pay scales is the primary function of the executive and not the judiciary – Ordinarily courts will not enter upon the task of job evaluation which is generally left to the expert bodies like the Pay Commissions – Constitution of India – Article 227. Constitution of India – Article 227 – Power under – Held: Power u/Article 227 is intended to be used sparingly and only in appropriate cases for the purpose of keeping the subordinate courts and tribunals within the bounds of their authority and not for correcting mere errors. |
Judge | Hon'ble Ms. Justice Bela M. Trivedi |
Neutral Citation | 2022 INSC 101 |
Petitioner | State Of Madhya Pradesh |
Respondent | R.d. Sharma And Anr. |
SCR | [2022] 2 S.C.R. 707 |
Judgement Date | 2022-01-27 |
Case Number | 474-475 |
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