Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Madhya Pradesh Education Service (Collegiate Branch) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Madhya Pradesh Education Service (Collegiate Branch), Recruitment Rules, 1990 – Madhya Pradesh Public Health (Indian System of Medicine and Homeopathy), Class-III, Clerical and Non-Clerical Services Recruitment Rules, 1987 – Librariancum-Museum Assistant – UGC Scale of Pay – Respondent was appointed to the post of Librarian-cum-Museum Assistant in the pay scale of Rs. 950-25-1000-30-1210-40-1530 – After completion of 8 years of service, the respondent claimed the UGC scale of pay as paid to the persons in the senior scale of Librarian as per the 1990 Rules – The request was rejected – Writ petition in the High Court – Single Judge allowed the petition and the respondent was directed to be paid the UGC scale of pay as paid to the librarians of colleges under the Higher Education Department – Intra-Court appeal filed by the appellant was dismissed – On appeal, held: The scale of pay of a Librarian is specified in Schedule 1 to the said 1990 Rules but there is no designated post of Librarian cum Museum Assistant in the 1990 Rules – There is a post of Museum Assistantcum-Librarian under the 1987 Rules – In the instant case, it would be pertinent to note that the eligibility criteria for appointment of Museum Assistant-cum- Librarian under the 1987 Rules was different from the eligibility criteria of appointment of Librarian under the 1990 Rules – It is patently clear that the 1990 Rules, were not applicable to the respondent – Hence, the appeal is allowed and the impugned orders of the High Court are set-aside – Madhya Pradesh Ayush Department (Clerical and Non-Clerical), Class-III, Service Recruitment Rules, 2013. Service Law – Fixation of scales of pay – Interference of Courts – Held: The fixation of scales of pay is a matter of policy, with which the Courts can only interfere in exceptional cases where there is discrimination between two sets of employees appointed by the same authority, in the same manner, where the eligibility criteria is the same and the duties are identical in every aspect. |
Judge | Hon'ble Ms. Justice Indira Banerjee |
Neutral Citation | 2022 INSC 560 |
Petitioner | State Of Madhya Pradesh Through Principal Secretary & Ors. |
Respondent | Seema Sharma |
SCR | [2022] 4 S.C.R. 798 |
Judgement Date | 2022-05-12 |
Case Number | 3892 |
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