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SURESH KUMAR KAIT, SAURABH BANERJEE
Asi/pharma Biswa Prakash Jena – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Saurabh Banerjee, J. - Pursuant to advertisement, the 11 petitioners before us applied for filling up vacancies to the post of Group 'C' Non-Ministerial, Non-Gazetted and Combatized Para Medical Staff: Assistant Sub-Inspector (Pharmacist) in Central Reserve Police Force (hereinafter referred to as 'CRPF'), issued in the Employment News from 29.11.2003 to 05.12.2003. Though the recruitment process of all petitioners was concluded by 26.02.2004, they were appointed as ASI(Pharmacists) later from 19.07.2004 to 17.09.2004.
2. Before the petitioners joining as ASI/ Pharmacist there was a disparity of rank structure and pay scale associated with it within the para-military force/CPOs. Thus, upon recommendation of the Vth Central Pay Commission in its Government Resolution dated 30.09.1997, the respondent no.1 issued an order dated 10.10.1997 wherein the President of India was pleased to rationalise the rank structure of pay scales of non-gazetted cadre of Central Police Organizations (hereinafter referred to as 'CPOs').
3. Despite thereto, as the respondents failed to bring parity of rank structure or pay scales between the CPOs, few combatized Pharmacists of CRPF filed SWP No. 186
The denial of benefits to the petitioners was discriminatory and arbitrary, violating Articles 14 and 16 of The Constitution of India, and the terms and conditions of service applicable at the time o....
The principle of 'No Work No Pay' did not apply in this case, and the petitioner was entitled to all consequential benefits of his seniority as Inspector and notional fixation of pay from the date of....
Equity in pay structure mandates the implementation of rank parity for clerical positions in the Assam Rifles as previously adjudicated by higher courts.
The denial of pay scale benefits to petitioners after 18 years of service is unjustified; they are entitled to the pay scale of Sub-Inspector as per M.T. Cadre.
Entitlement to pay and allowances at par with batch-mates from the date of appointment, duty of respondents to extend all consequential benefits to personnel once their rights are established and rec....
The Notification dated 22.12.2003, which implemented the NPS, specifically excluded the Armed Forces and the CRPF is an Armed Force of the Union of India. Therefore, the petitioners were entitled to ....
The central legal point established in the judgment is the principle of equal pay for equal work, emphasizing that there should be no distinction in pay-scales for employees with similar duties and r....
The main legal point established in the judgment is that challenges to administrative decisions must be timely and based on relevant legal provisions to merit consideration by the court.
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