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Dr Renju Sussan Baby vs Aiims on 25 November, 2022 cites

Union Of India vs Munshi Ram on 31 October, 2022

7. After giving in-depth consideration to the arguments advanced by the respective parties, perused the records and the decisions relied on by the learned counsel for the applicants. Before going to the point of issues involved in the matter, it is profitable to note the law which is well settled, suffice it to place reliance in the case of Union of India Vs. Munshi Ram, 2022 SCC OnLine SC 1493 decided on 31.10.2022 wherein it was held by the Hon'ble Apex Court that employees working under the same employer but in different zones/divisions are required to be treated similarly and equally and are entitled to similar benefits as extending benefit by applying different criteria/parameters with respect to similarly situated employees amounts to discrimination which is in violation of Articles 14 and 16 of the Constitution of India. All the Applicants, in the instant case are working as faculty member in Nursing 13 OA 260/00506 of 2019 College at AIIMS, Bhubaneswar is not in dispute. According to the Respondents since in the order there is no mention that the enhanced Academic Allowance is also payable to the faculty member of Nursing College at AIIMS, Bhubaneswar, Academic Allowance earlier allowed to the Applicants were reduced. On perusal of the decisions in OA No. 26/2021 & OA No. 174/2017, it is evident that the issue involved in the present case was the subject matter of challenge before the CAT, PB, New Delhi and Guwahati Bench of the Tribunal wherein, both the Benches reached the decision in favour of payment of AA at the enhanced rate in favour of faculty member of Nursing College of AIIMS. According to the Applicants, in compliance of the order of the CAT, PB, New Delhi, the faculty member of Nursing College, AIIMS New Delhi have been allowed the AA at the enhanced rate and the order of the CAT, Guwahati Bench of the Tribunal although upheld by the Hon'ble High Court has not been implement for which CP has been filed but the department has not filed any SLP against the said order. This Bench did not find any such material or points to take a different view than the view taken by the coordinate Benches of the Tribunal, in the aforesaid OAs. The relevant portion of the 14 OA 260/00506 of 2019 order passed by the CAT, PB, New Delhi in OA No. 26/2021 is quoted below:
Supreme Court of India Cites 18 - Cited by 3 - M R Shah - Full Document
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