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N. UNNI KRISHNAN NAIR
Vijay Kumar Kekdas Lawhatre – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Heard Mr. Rajesh Mazumdar, learned counsel for the petitioners. Also heard Mr. Biplav Chakravarty, learned CGC, appearing on behalf of all the respondents.
2. The petitioners by way of instituting the present proceeding, have prayed for a direction for authorizing to them, the pre-revised scale of pay of Rs. 5000-8000 w.e.f. 01.01.1996 and the revised scale of pay of Rs. 9300-34800 along with Grade Pay of Rs. 4200/-, coming into force in terms of the recommendations of the 6th Central Pay Commission.
3. As projected in the writ petition, the petitioners, herein, were all recruited as Radio Mechanic in the General Reserve Engineering Force. Thereafter, the petitioners on their selection, came to be promoted to the post of Chargeman (Signal). The post of the Chargeman(Signal) was thereafter, re-designated as Chargeman(Communication). In the Recruitment Rules, more specifically, the General Reserve Engineering Force Group “C” and “D” Recruitment Rules, 1982; the recruitment to the post of Chargeman(Signal) mandated possession by an intending candidate, a qualification of 3 years recognized Diploma Licenciate in Electronics/Communication/Radio Engineering or equivalent with 1 y
The court ruled that the absence of direct recruitment and differing duties between Chargeman(Communication) and Chargeman(Mechanic) precludes entitlement to the diploma scale of pay.
Employees performing similar duties must receive equal pay, regardless of differing qualifications, as established by the court's ruling.
Equal pay for equal work requires that similarly situated employees in the same cadre, regardless of timing of promotion, must receive the same benefits, reflecting non-discriminatory treatment under....
The classification of the post of Cameraman Grade-I as Group 'B' is upheld, denying claims for Group 'A' pay scale without supporting evidence.
Employer's right to restructure cadre and rationalize pay scales, and the obligation to rectify pay anomalies caused by promotions.
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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