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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
M. K. Kaushal – Appellant
Versus
Union of India – Respondent
JUDGMENT
V. Kameswar Rao, J. (Oral)
1. The challenge in this writ petition by the petitioners is to an order dated July 26, 2019, passed by the Central Administrative Tribunal Principal Bench, New Delhi (`Tribunal', for short) in Original Application No.1897/2014 (`OA', for short) whereby the Tribunal has dismissed the OA which was filed by the petitioners herein.
2. The case of the petitioners before the Tribunal was that they are serving/retired as Foreign Trade Development Officers (`FTDO', for short) posted at various regional offices of the Directorate General of Foreign Trade (`DGFT', for short) which is an attached office under the Ministry of Commerce and Industry, Department of Commerce, Government of India. According to them, the post of FTDO is filled up by two streams. The first feeder cadre is 100% by promotional from DGFT staff of LDC, UDC, Licensing Assistant and Sectional Head. The second stream is by officers of CSS cadre.
3. Their grievance is primarily seeking parity qua the Section Officers working in CSS as FTDO (CSS) and other similar organizations. It was their case that the scales of pay of FTDO (Non-CSS) were at par with the Section Officer of CSS and oth
The judgment establishes that differences in pay scale are justified if the nature of job, responsibilities, experience, method of recruitment, and duties are different, and the doctrine of equal pay....
The principle of 'Equal Pay for Equal Work' is not strictly applied; disparities based on recruitment methods and job responsibilities justify differences in pay.
The Court affirmed the principle of historical parity in pay scales between Central Secretariat Services and field office employees, mandating equal pay for equal work.
(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....
The principle of equal pay for equal work does not entitle employees to claim parity in pay scales if their recruitment processes differ significantly.
The judgment establishes that the principle of 'equal pay for equal work' must consider the nature of work, duties, and responsibilities, and that the determination of pay scales falls within the exc....
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