MANISH CHOUDHURY
Rinti Baishya – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Manish Choudhury, J.
As both the writ petitions - W.P.[C] No. 4313/2020 & W.P.[C] No. 3619/2021 involve a common issue, they are taken up together at the request of the learned counsel for the parties and considering that the exchange of pleadings in both the writ petitions are complete.
2. In the writ petition, W.P.[C] No. 4313/2020, 40 Nos. of petitioners have joined together stating that they have a common cause of action. On the other hand, 17 Nos. of petitioners have joined together for a common cause of action to institute the writ petition, W.P.[C] No. 3619/2021.
3. For better appreciation of the issue involved in the two writ petitions, it appears necessary, at first, to narrate the events, in brief, leading to the institution of the two writ petitions.
4. The facts of the writ petition, W.P.[C] No. 4313/2020:-The Director of Health Services, Assam i.e. the respondent No. 3 published an Advertisement on 18.11.2017 in the newspaper, 'The Assam Tribune' in its issue dated 19.11.2017 inviting applications for 500 Nos. of post of Staff Nurse under the establishment of different health institutions of the Joint Director of Health Services of the districts and Medical Colle
The main legal point established in the judgment is that statutory rules, such as the RoP Rules, 2017, have primacy over administrative orders/executive instructions, and the Government and all other....
The court established that the principle of equal pay for equal work does not apply rigidly when different qualifications and job responsibilities exist, and that the government has the discretion to....
Equal pay claims must consider job responsibilities, qualifications, and institutional functions; mere similarity in designation does not suffice.
The court determined that erroneous pay fixation claims are continuous wrongs, allowing for revision regardless of delayed action on behalf of the employee.
Point of Law : It is akin to doctrine of benefits and burdens which at its most basic level provides that a person taking advantage under an instrument which both grants a benefit and imposes a burde....
Point of Law : Once the State Government had omitted to include the category of AMOs in the Schedule appended to the said rules, it cannot be allowed to turn around and try to justify its action of s....
Different pay scales for the same post are legally permissible if based on educational qualifications, provided there exists an intelligible differentia with a rational nexus to the objective of the ....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.