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SANJIB BANERJEE, WANLURA DIENGDOH
Jalesh Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT
Sanjib Banerjee, CJ. - The matter pertains to the perceived anomaly in the pay-scale offered to the Assistants, who occupy a civilian post in the Assam Rifles. There is no dispute that since 2008 all posts in Assam Rifles and other Central paramilitary organisations have been combatised and the civilian cadre of Assistants in Assam Rifles will die out in the next few years.
2. The present writ petition arises out of an order of December 21, 2018 passed by the Central Administrative Tribunal, Guwahati Bench on a petition of several persons who occupied the post of Assistant in Assam Rifles. The principal case carried out to the Tribunal was that since the duties and responsibilities of Assistants across the Central paramilitary forces were equal, there ought not to be any disparity in the pay and emoluments between persons in the Assistant cadre in one Central paramilitary organisations and the members in the similar cadre in another.
3. This is the second round of litigation between virtually the same parties, though the Union insists that several of the original petitioners have abandoned the cause and the matter be confined to only the two petitioners who are before this Co
The central legal point established in the judgment is the principle of equal pay for equal work, emphasizing that there should be no distinction in pay-scales for employees with similar duties and r....
Determination of pay scale and equivalence is a primary function of the executives and expert bodies like Pay Commission and is not a function of writ court in exercise of its jurisdiction under Arti....
The main legal point established in the judgment is that a petitioner, after being re-mustered from a clerical position to a general cadre, is not entitled to the benefits granted to clerical staff i....
The denial of equal pay and benefits to similarly situated personnel violates constitutional principles of equality, reaffirming the established parity in ranks between different roles in similar pos....
Disparity in pay scales violates Article 14, mandating equal pay for similar roles in military and civilian sectors.
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