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IN THE HIGH COURT OF DELHI AT NEW DELHI
UNION OF INDIA – Appellant
Versus
SMT. KANWALJIT DEOL AND ANR. – Respondent
JUDGMENT :
C.HARI SHANKAR, J.
W.P.(C) 7169/2018
Facts, and the challenge before the Central Administrative Tribunal, [“the Tribunal” hereinafter]
1. The respondent is an officer of the Indian Police Service, IPC of 1977, belonging to the AGMUT, [Arunachal Pradesh, Goa, Mizoram and Union Territories] cadre. Consequent on the approval of the Appointments Committee of the Cabinet, [“ACC”, hereinafter], the respondent, along with 36 other 1977 batch IPS officers were empanelled “to hold Director General of Police,[“DGP” hereinafter]/equivalent level post in the Centre”, on 30 December 2010. In the said panel, the respondent figured at S. No. 5, whereas P.K. Mehta, also a 1977 batch IPS officer, figured at S. No. 31.
2. Following empanelment, orders of promotion of the empanelled officers came to be issued. Vide order dated 19 May 2011, P.K. Mehta was promoted as DG of the Railway Protection Force,[“RPF” hereinafter] in the apex pay scale of Rs. 80,000/-. As against this, the respondent, who, as already noted, was at S. No. 5 in the panel for promotion to the post of Director General of Police or equivalent level post was posted on deputation as DG (Investigation) in the National Human Right
Senior IPS officer entitled to apex pay scale under next below rule from date junior in selection panel appointed to DGP post, preventing salary anomaly despite post-specific nature.
The tribunal's refusal to grant pay parity was upheld, emphasizing that pay structure decisions lie within the domain of the Pay Commission, highlighting the non-enforceable nature of pay parity clai....
Tribunal cannot grant higher promotional pay scale to one cadre's employees matching another distinct cadre's juniors by one-time parity, as it exceeds jurisdiction absent Article 14 violation from r....
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....
The determination of pay scales is the exclusive domain of the state, and courts should only intervene in cases of constitutional violations.
The principle of equal pay for equal work does not entitle employees to claim parity in pay scales if their recruitment processes differ significantly.
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