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MOKSHA KHAJURIA KAZMI
Devinder Kumar Sharma – Appellant
Versus
Sher-e-Kashmir Universities of Agricultural Sciences and Technology – Respondent
JUDGMENT :
1. By way of this petition, petitioners have challenged the inter se pay disparity created by the respondents in between the two groups of senior stenographers, direct recruits and promotees insofar as their pay-scales are concerned. Petitioners have challenged and sought quashment of the Order No. 51(Est) of 2016 dated 12.09.2016, to the extent it pertains to the partial modification of University order No. 14 (Est) of 2008, dated 10.06.2008, issued by respondent Nos. 1 and 2 by virtue of which the petitioners have been granted the higher pay-scale. Petitioners have further sought direction upon respondents not to disturb the pay scales granted to the petitioners/non-teaching employees in pursuance to the University Order No. 14 (Est) of 2008, dated 10.06.2008.
Brief facts of the case:-
2. Sher-e-Kashmir, University of Agricultural Sciences and Technology (hereinafter to be referred to as “SKUAST”) was established under Section 3 of Sher-e-Kashmir, University of Agricultural and Sciences and Technology Act, 1982. In the year 1999, the SKUAST was bifurcated into SKUAST Kashmir and SKUAST Jammu and after the creation of SKUAST Jammu, certain teaching and non-teaching posts w
The judgment established the principle that once employees are in one cadre, the distinction between direct recruits and promotees disappears, and no discrimination can be made thereafter in fixing t....
Autonomous institutions receiving public funding must adhere to the principles of equality in pay, ensuring parity for similar job roles under constitutional mandates.
Homogeneous cadre of Assistant Librarians entitled to uniform pay scales including UGC benefits despite post-new rules regularization, as appointments predated prospective 2010 rules; parity prevents....
Discriminatory denial of higher entry pay scale to similarly situated employees violates Arts. 14 & 16 once granted selectively to others.
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 principle of 'Equal Pay for Equal Work' is not strictly applied; disparities based on recruitment methods and job responsibilities justify differences in pay.
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