9911796707
|
Home
Issues:
Petition under Article 32 alleging discrimination by the Government in violation of fundamental rights under Articles 14 and 16 of the Constitution. Analysis: The petitioners, Research Assistants at the Forest Research Institute and Colleges, complained of discrimination in their pay scales compared to similar posts in other institutions. The Second Pay Commission's recommendations were central to the dispute, as the petitioners argued that their posts should have been covered by the Commission's report. The Government, however, contended that the revision of pay scales was based on job duties, not the Commission's recommendations. The petitioners sought retrospective implementation of revised pay scales from July 1, 1959, in line with the Commission's suggestions. The Court examined whether the petitioners' posts fell within the scope of the Second Pay Commission's recommendations. It was argued that all Central Government employees paid out of the Consolidated Fund of India were covered by the Commission's report. The Court rejected the Government's contention that it had the discretion to choose which employees to include, emphasizing that implementing recommendations selectively would breach Articles 14 and 16 of the Constitution. The Court found that the petitioners were indeed covered by the Commission's recommendations and directed the Government to apply the revised pay scales from July 1, 1959, as requested by the petitioners. Regarding the delay in filing the petition, the Court noted that while there was some delay, it was not undue given the ongoing correspondence between the petitioners and the Government regarding the pay scale revision. The Court exercised its discretion and allowed the petition, directing the Government to pay the petitioners the revised amounts from July 1959 and awarded costs to the petitioners. The judgment highlighted the importance of upholding fundamental rights and ensuring equal treatment of employees under the law.
|
