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JAGMOHAN BANSAL
Sandeep Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT :
JAGMOHAN BANSAL, J.
1. The petitioners through instant petition under Articles 226/227 of the Constitution of India are seeking direction to the respondents to grant upgraded pay scale of Rs.5000-8000/- for the purpose of pay fixation w.e.f 01.01.1996 and its corresponding revised pay scale of Rs.9300-34800/- with Grade Pay of Rs.4200/- w.e.f 01.01.2006 to the post of Draughtsman Grade-II (Civil).
2. The respondent in 2010 advertized different posts including post of Draughtsman Grade-II (Civil). The essential qualification prescribed for the post of Draughtsman Grade-II (Civil) was as below:-
Passed 03 years Certificate/Diploma in Architecture/Draughtsmanship from a recognized institution or equivalent.
OR
Possessing National Apprenticeship Certificate issued by National Council for Vocational Training, Government of India, Ministry of Labour
OR
Passed Diploma Course in Draughtsman Estimating and Design from College of Military Engineering, Pune
OR
Passed 2 year National Trade certificate for Draughtsman (Civil) and having one year practical experience in the trade.”
3. The petitioners were possessing 3 years Diploma in Architecture and they participated in
The main legal point established in the judgment is the entitlement of employees to the revised pay scale as per the recommendations of the 6th Pay Commission, regardless of possessing alternative es....
Article 229 of the Constitution of India and the employees and staff members of the District Courts are governed by different rules. In the wake of above, they are entitled to higher grade pay-scale.
Important PointDifferent educational qualifications would not by itself be a criterion to deny equal pay for equal work to the employees otherwise similarly circumscribed.
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....
Employer's right to restructure cadre and rationalize pay scales, and the obligation to rectify pay anomalies caused by promotions.
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 ....
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.
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