NDLI: Union of India & Ors Vs. D.g.o.f. Employees Association and Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service Law – Parity in pay scales
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Issue for consideration: Whether the High Court was justified in holding that the respondents would be entitled to the benefit in terms of para 3.1.9 of the recommendations contained in the VIth Central Pay Commission and in that regard whether it rightly rejected the contention of the appellant that it ought to have been guided by para 3.1.14. Service Law – Parity in pay scales – Historical similarity – Respondent-Association of Employees in the Head Quarters of Ordnance Factory Board (OFB) sought upgradation of the pay scales of Assistant and Personal Assistants of OFB, Headquarters as given to similarly placed employees of Central Secretariat Service (CSS) and equivalent posts in Armed Force Headquarters Civil Service Cadre, New Delhi and similar other cadres – Prayer declined by CAT – Order set aside by High Court inter alia holding that the members of the respondent were historically treated as equals to CSS/CSSS employees and had earlier enjoyed equal pay and all benefits – Legality: Held : The reliance placed by the High Court on para 3.1.9 is based on the fact that there was similarity inasmuch as the pay scale as sought for implementation is the one which was provided to the employees of the headquarters as they were similarly placed as the employees of the headquarters in CSS/CSSS – Further, what was also taken into consideration by the High Court is the historical similarity in pay scales which existed prior to the recommendations in the Sixth CPC – Such historical similarity which had existed was taken note and, in that light, the pay scale which was applicable was taken into consideration and accordingly arrived at the conclusion that the employees in the headquarters of the Ordnance Factories being similarly placed cannot be discriminated – Therefore, such consideration would fall within the parameters as permitted by this Court – Also, the High Court adverted to the fact situation and rectified the pay anomaly – High Court having kept in view the legal, as well as the factual aspects, did not proceed in a manner so as to equate two sets of employees in different organizations – But, keeping in view the recommendation of the Pay Commission and the applicability of the pay scales recommended to similarly placed employees employed in the headquarters and on noticing discrimination despite historical similarity merely rectified the error, which does not call for interference. [Paras 12, 13 15] Service Law – Determination of pay scale – Power of Court: Held: Though the Courts would not undertake the exercise of determining the pay scale keeping in view the nature of the work by comparing employees who are not similarly placed in cases where the exercise of determining such complex issues would arise, at the same time, relief cannot be denied to the employees when the entitlement is denied due to irrational consideration without application of mind to the facts involved in the case by the employer, thereby denying the benefits to the employees. [Para 10]
Judge	Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna
Neutral Citation	2023 INSC 995
Petitioner	Union Of India & Ors
Respondent	D.g.o.f. Employees Association And Anr.
SCR	[2023] 14 S.C.R. 856
Judgement Date	2023-11-09
Case Number	1663

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