Back
ABHAY S OKA, UJJAL BHUYAN
Manish Kumar Rai – Appellant
Versus
Union of India – Respondent
JUDGMENT
ABHAY S. OKA, J.
FACTUAL ASPECTS
1. These appeals take exception to the judgment and order dated 27th October 2010 of the Armed Forces Tribunal, Principal Bench at New Delhi on a writ petition filed by the appellant before the Bombay High Court, which was transferred to the Armed Forces Tribunal (for short, ‘the Tribunal’).
2. The appellant was working in the post of Artificer III in the Indian Navy. The sailors employed in the Indian Navy are divided into two categories: (a) non-technical and (b) technical. Both categories have different branches. One of the technical branches is of Artificers. Artificers are of various types such as Aircraft Artificers, Electrical Artificers etc. The appellant contended that the Artificers are highly skilled technical personnel. The sailors in the Artificer branch are graded according to their level of technical competence, experience, and responsibilities. The ranks of sailors in the Artificer branch start from Artificer V, Artificer IV, Artificer III, Artificer II, Artificer I, Chief Artificer, Master Chief Artificer IInd Class and Master Chief Artificer Ist Class. Artificer cadre is categorised as “X group” sailors. On the other hand, non
Pay Scale – Indian Navy – For the purposes of grade pay, Artificers of grades I, II and III are placed between Artificers of grade IV and Chief Artificer.
The court established that promotions within the Artisan Staff of the Indian Navy could be conducted on a grade-wise basis as per the Ministry of Defence's orders, and that the lack of evidence for p....
Discrimination in pay scale violates principles of equality and parity among similarly situated employees in government service.
Highly Skilled Tradesmen with pre-2006 ACP in Chargeman scale entitled to 3rd MACP Grade Pay Rs.4800/-; downgrade without notice quashed; recoveries refunded with interest; MACP follows Grade Pay hie....
(1) Pay Scale – Classification of posts and determination of pay structure falls within exclusive domain of Executive and Courts or Tribunals cannot sit in appeal over wisdom of Executive in prescrib....
Doctrine of equal pay for equal work is not an abstract doctrine and is capable of being enforced in a Court of law i.e. equal pay must be for equal work of equal value.
Armourer post is promotional, ineligible for ACP; no discrimination with other trades; OA time-barred.
Employees are entitled to financial upgradation under the MACP scheme based on their service length, regardless of subsequent restructuring of their positions.
Determination of pay scale and equivalence is a primary function of the executives and expert bodies like Pay Commission and is not a function of writ court in exercise of its jurisdiction under Arti....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
