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State Of West Bengal vs Gobind Nath Dey & Others on 10 May, 1999 cites

Union Of India (Uoi) And Ors. vs E.S. Soundara Rajan And Ors. on 4 April, 1979

30. In view of the aforementioned clear pronouncement of law there cannot be any doubt whatsoever that the petitioners have no legal claim to any right to get the same scale of pay which became payable to the said erstwhile Muharrars. It would have been an ideal situation where the State could remove the disparity but unfortunately it appears that various learned Judges of this court did not consider this aspect of the matter and directed grant of new Intermediate selection grade to the Muharrars and LDCs. The mistakes sought to be rectified by the State also did not fructify because of several orders passed by learned single Judges of this Court pursuant whereto either the District Magistrate, Hooghly (who had no jurisdiction to pass such orders) or the State was compelled to grant the scale of pay Rs.380/- to the Muharrars. Equal Pay for Equal work as adumbrated under Article 39(d) read with Article 14 of the Constitution of India cannot also be said to have any application as in the instant case. The LDCs doing similar work have been deprived of the same pay only by reason of fortuitous circumstances or by mistake committed by the authority or the District Magistrate Hooghly, the erstwhile Muharrars are getting higher scale. As has been held in Union of India v. E. S. Soundra Raj an . In such a case Article 14 will have no application.
Supreme Court of India Cites 1 - Cited by 12 - V R Iyer - Full Document

Union Of India & Anr vs R. Swaminathan on 12 September, 1997

27. This aspect of the matter again came up for consideration before the apex court in Union of India v. R. Swaminathan wherein upon consideration of the rule relating to fixation of pay in terms of Rule 22(i)(a) of the fundamental rules, it was held that they are exits of the seniors for stepping up of pay dealing with a contention that all seniority for regular promotion is maintained.
Supreme Court of India Cites 0 - Cited by 79 - S V Manohar - Full Document
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