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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KARDAK ETE
Laba Kt Baro – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. challenge to benefits denied to petitioners. (Para 2 , 3) |
| 2. prior cases established equal pay for equal work. (Para 4 , 5 , 6 , 21) |
| 3. petitioners assert equal qualifications for pay scale. (Para 8 , 10 , 14 , 16 , 19) |
| 4. court reaffirms equal treatment in public service. (Para 9 , 11 , 12 , 23) |
| 5. officials to extend benefits of prior judgments. (Para 20 , 22 , 27) |
| 6. official discrimination based on recruitment source is impermissible. (Para 24 , 25 , 26) |
| 7. writ petition is allowed for equal pay benefits. (Para 28 , 29) |
JUDGMENT :
KARDAK ETE, J.
Heard Mr. P.K. Roy, learned senior counsel assisted by Mr. S.K.Chakraborty, learned counsel for the petitioner. Also heard Mr. Y. Doloi, learned CGC for the respondents No.1 to 5.
2. Challenge made in this petition is to the letter dated 16.04.2015 issued by the Senior Administrative Officer, Joint Director EG-2 for DGBR, whereby, the representation of the petitioners (GREF personnel) who have been promoted from Vehicle Mechanic to Charge Mechanic has been rejected on the ground that the order passed in WP(C) 51/2009 pertains to the benefits of higher pay scale i.e. Grade Pay of Rs.4200/- in PB-2 of Rs.9300 - 34,800 is only ext
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 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.
The court upheld that only qualified employees are entitled to the promotion pay scale, rejecting claims for higher grades based on equal pay principles due to lack of required qualifications.
Discriminatory denial of higher entry pay scale to similarly situated employees violates Arts. 14 & 16 once granted selectively to others.
The main legal point established in the judgment is the entitlement of higher pay scale for Child Development Project Officers based on the 1983 Recruitment Rules and the 16.08.1984 Government Resolu....
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 main legal point established in the judgment is the entitlement of the higher pay scale of Rs.2000-3500 for the petitioners based on completion of 9 years of service and the promotional post of C....
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