Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Allowances |
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 Dismissed |
Headnote | Service Law – Allowances – Special (Duty) Allowances – Claim of – On facts, by the Government Order dated 31.03.1987, benefit of Special (Duty) Allowances extended to CRPF personnels posted and serving, and had their headquarters in North Eastern Region – Respondents-pharmacists in CRPF posted in North Eastern Region but their Headquarters were in Gwalior, sought Special (Duty) Allowances for the period during which they were posted in the North Eastern Region – However, case of Director General, CRPF that respondents entitled to Special (Duty) Allowances only with effect from 03.08.2005 when by the Office Memorandum, the Government allowed the claim of CRPF personnel that benefits would be extended to all whether their headquarters are in North Eastern Region or not – Courts below granted Special (Duty) Allowances to the respondents for the period they actually worked in the North Eastern Region – On appeal, held: When the purpose is to encourage and retain the personnel in North Eastern Region, denial of benefit of Special (Duty) Allowance to those who although posted and serving in North Eastern Region but have their Headquarter outside the North East Region does not have any rational nexus with object sought to be achieved – Perusal of the Order dated 03.08.2005 does not indicate that the said benefit was intended only after 03.08.2005 – Order uses the words ‘it is clarified that allowance would be admissible to the personnels who are actually working in the North East Region’ – Order was clarificatory in nature – To differentiate the employees in two categories, whose Headquarters are within North Eastern Region and whose Headquarters are outside the North Eastern Region, clearly indicate that classification is not founded on any intelligible differentia – Classification as made in the GO dated 31.03.1987 did not pass the twin test – Government having itself realised the error, corrected the same by GO dated 03.08.2005 – Thus, it was unconstitutional to deny the said benefit on the premise that Government corrected its error only on 03.08.2005, hence, with effect from 03.08.2005 only the benefit should be given – Order passed by the courts below upheld. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2018 INSC 557 |
Petitioner | Director General, Crpf & Ors. |
Respondent | Janardan Singh & Ors. |
SCR | [2018] 5 S.C.R. 81 |
Judgement Date | 2018-07-02 |
Case Number | 5850 |
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