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SHIVARAJ V.PATIL, S.RAJENDRA BABU, G.B.PATTANAIK, D.P.MOHAPATRA, DORAISWAMY RAJU
E. S. P. Rajaram – Appellant
Versus
Union Of India – Respondent
The legal principles outlined in the provided case underscore the importance of fairness and equality in the treatment of employees, particularly regarding service conditions and benefits. When different cadres or categories of employees are involved, but the fundamental condition of service—such as the cost of living in a specific location—is the same for all, the rationale for maintaining uniformity in allowances like House Rent Allowance (HRA) becomes clear. Such uniformity helps prevent feelings of discrimination or unfair treatment, often referred to as "heartburn," which can arise from disparate allowances despite similar circumstances.
The case emphasizes that the overarching goal of administrative fairness is to ensure that all employees in comparable situations are treated equitably, thereby maintaining harmony and preventing grievances that could disrupt organizational efficiency. If the cost of living is uniform across all categories of employees, then the allowances designed to compensate for such costs should also be consistent. This approach not only promotes fairness but also upholds the principles of equality enshrined in service law and administrative practice.
JUDGMENT
D.P. Mohapatra, J.-Leave granted.
2. The appellants who were appointed as Traffic Apprentices in Southern Railway prior to May 15, 1987, have filed this appeal challenging the judgment of the Madras Bench of the Central Administrative Tribunal (for short the CAT) dated October 4, 1996 in OA No. 1096 of 1996 dismissing the case with the observation that it would be appropriate for the applicants to approach the Supreme Court for any clarification/review of the judgment in the case titled Union of India and others v. M. Bhaskar and others1. The controversy which arose in that case was regarding the claim of Traffic Apprentices appointed prior to 15-5-1987 that they should be given the scale of pay of Rs. 1600-2660, benefit of which was available to Traffic Apprentices recruited after 15-5-1987. Similar claims were raised before different benches of the CAT. There had been divergence of opinion between the different benches, some accepting the claim of pre 1987 Traffic Apprentices for the higher scale of pay, some other benches taking a contrary view. The Ernakulam bench of CAT had quashed the memorandum dated 15-5-1987 issued by the Railway Board in which it was provided that
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