Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India: Arts.14 and 16 – Regularisation – Parity |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Constitution of India: Arts.14 and 16 – Regularisation – Parity – In the instant case, the departmental catering and vending services were started by Northern Railways for which the staff of the private contractors was taken as commission vendors – The commission vendors were paid commission on sales turnover achieved by them instead of paying regular salaries – Thereafter, pursuant to the memorandum issued by the Railway Board, the commission vendors/bearers were absorbed in regular vacancies – Claim for grant of pensionary/retirement benefits by commission vendors – Held: Commission vendors/bearers working in the Western Railway, Eastern Railway, Southern Railway and SouthEastern Railway were held to be entitled to 50% of the services rendered prior to their regularization to be counted for pensionary benefits – Since employees working in different divisions/zones in the Railways are under the very same employer i.e. Railway Board which is under the Ministry of Railways, therefore, the employees working under the same employer are required to be treated similarly and equally and are entitled to similar benefits and are entitled to the same treatment – There cannot be different criteria/parameters with respect to similarly situated employees working in different Zones/Divisions, but working under the same employer and to deny similar benefits would tantamount to discrimination and in violation of Arts.14 and 16 of the Constitution – No reason to deny the similar benefits to the respondents-commission vendors/bearers working in the Northern Railway being similarly situated – Service law. |
Judge | Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah |
Neutral Citation | 2022 INSC 1141 |
Petitioner | Union Of India And Others |
Respondent | Munshi Ram |
SCR | [2022] 10 S.C.R. 1135 |
Judgement Date | 2022-10-31 |
Case Number | 2811 |
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