Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Application of Fifth Pay Commission Pay revision employees of Maharashtra State Financial Corporation Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law– Pay revision – Application of Fifth Pay Commission to the employees of Maharashtra State Financial Corporation with effect from retrospective cut-off date, but limited to only existing employees in service as on the date of implementation – Former employees (including retirees, legal representatives of those who had expired, and those who had availed of voluntary retirement scheme) who were in service as on the retrospective cut-off date, but not on the date of implementation, filed writ petition complaining of discrimination – Held: Decision to grant pay revision from cut-off date cannot be faulted with, but to not grant any revision to those who were not in service when the order implementing the pay revision was issued and confining it to those in employment, is clearly discriminatory – Limiting pay revision only to existing employees has no rational nexus with the object of pay revisions which is to mitigate rise in cost of living – Further classification in the same class is violative of Article 14 – Those who retired upon attaining superannuation or those who died while in service are entitled to relief – VRS employees and those dismissed/terminated from service not on same footing – Constitution of India – Art. 14.Constitution of India – Separation of powers – Policy regarding fixation of pay, extent of revision, date of implementation – Exclusively within executive decision making powers – However, jurisdiction of courts arises in questions of larger public interest – On manner of implementation, timing of applicability of scheme, impact, and especially where it results in exclusion or discrimination of certain sections of public employees from the benefit – Art. 14.Constitution of India – Rationale of pay revisions – Larger public interest involved - State and public employers obligated to periodically address ill-effects of rise in cost of living – Other objectives include enthusing commitment and loyalty towards public employment, to deter public servants from lure of gratification – Art. 43. |
Judge | Hon'ble Mr. Justice S. Ravindra Bhat |
Neutral Citation | 2023 INSC 96 |
Petitioner | Maharashtra State Financial Corporation Exemployees Association & Ors. |
Respondent | State Of Maharashtra & Ors. |
SCR | [2023] 1 S.C.R. 1169 |
Judgement Date | 2023-02-02 |
Case Number | 778 |
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