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2001 Supreme(SC) 1147

BRIJESH KUMAR, S.RAJENDRA BABU
H. P. Gupta – Appellant
Versus
Union Of India – Respondent


JUDGMENT

S.RAJENDRA BABU, J.

(1) THE appellants before us are working as junior telecom officers in the telecommunication department of respondent no.1. Union of India. They were direct recruits into the service and they possessed the qualification of degree in engineering even at the time of joining the service. Under the scheme framed by the respondent - Union of India, two advance increments are given to those who acquired the degree in engineering while in service. The appellants claimed that similar benefit should be extended to them also, as otherwise, the policy would result in hostile discrimination. The application filed by the appellants having been dismissed by the administrative tribunal, this appeal is preferred by special leave.

(2) THE contentions put forth are : (i) that classification of those who acquired the qualification of engineering degree into two categories are of those who did so before entering into service and the other of those who did so after entering into service is invalid in law; (ii) that such a policy leads to the anomalous position of seniors who entered into service with engineering degree getting lesser salary/ emo



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