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Yogeshwar Prasad & Ors vs National Inst.,Edu.Planning & ... on 21 October, 2010

In the case of Yogeshwar Prasad (supra), the short question which arose for consideration before Honble Apex Court as to why the appellants should not be given the pay scale of Rs.1640-2900 from the date when their counterparts have been given that pay scale in the Central Government? Applicant has drawn our attention to paras 1 & 2 at page 9 of said judgment which are being reproduced below  Mr.Amitesh Kumar, learned counsel appearing for the Institute-respondent no.1 tried to make out the case that duties, responsibilities and obligations of the appellants were different to their counterparts functioning in the Central Secretariat and they were justified in not giving the same pay scale. But we do not find any merit in the submission because the respondent Institute's stand all through was that the appellants be given the pay scale of Rs.1640-2900. At this stage, respondent no.1 cannot be permitted to take a somersault in this manner. The Union of India accepted the recommendations of the Vth and VIth Pay Commissions and are giving the appellants the same pay scale which their counterparts in the Central Government are getting. It may be pertinent to observe that these appellants were getting the same pay scale as was given to the employees of their categories in the Central Government up to 1.1.1986. The Union of India accepted the recommendation of the Vth and VIth Pay Commissions and are giving them same pay scale then how only during the IIIrd Pay Commission their pay scale could be different? and how their duties, obligations and responsibilities became different only for a brief period?
Supreme Court of India Cites 4 - Cited by 33 - D Bhandari - Full Document

Haryana State Minor Irrigation ... vs G. S. Uppal & Ors on 16 April, 2008

12. While relying on paras 7, 9, 19, 22 and 25 of G.S. Uppal (supra) case, the applicant contented that the order for giving revised pay scale only to respondent Nos. 4 and 5 suffers from the vice invidious discrimination and is violation of Articles 14 and 16 of the Constitution of India and cannot be sustained because the very same decision/approval of the GB CWDB with regards to applicant has not yet been implemented due to prejudices.
Supreme Court of India Cites 8 - Cited by 86 - L S Panta - Full Document

Uoi Thr. Secretary Ministry Of Defence vs Indian Navy Civilian Design ... on 2 August, 2010

In the case of Indian Navy Civilian Design Officers Association (supra), there was parity between JDOs and CTO (Design) till 4th Pay Commission but the 5th Pay Commission gave higher pay scale to CTO (Design). It is noted that the department had made a very strong plea for upgrading the pay scale of JDOs to that of CTO (Design) on the ground that functions performed by them are essentially identical and complementary. While relying on the various decisions of Apex Court, the Honble High Court of Delhi has held that being that persons holding the post of JDO are required to supervise the work of Senior Foreman which post is also in the scale of Rs.7450-11500 which has resulted in disturbing the vertical relatively between the two posts and upheld the conclusion arrived at by the Tribunal.
Delhi High Court Cites 3 - Cited by 4 - P Nandrajog - Full Document
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