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1 - 10 of 12 (0.60 seconds)Comptroller And Auditor General Of ... vs K.S. Jagannathan & Anr on 1 April, 1986
49.In paragraph 20, in the same page of the report,
this Court further held :..........................
Article 226 in Constitution of India [Constitution]
Union Of India And Ors vs O.P. Saxena, ... on 5 August, 1997
Apart from the fact that the application of the
respondent before the Central Administrative
Tribunal which was filed in July 1991 was highly
belated, the position in this case is no different from
that of Union of India v. O.P. Saxena. In this case
also the respondent and Shri Sood were appointed to
the stationary post from two different sources. The
respondent was Driver Grade-C when he was so
appointed while Shri Sood was appointed to the
stationary post from the post of Driver Grade-A.
Therefore, for the reasons contained in the judgment
28
in CA No. 8852 of 1996 the order of the Tribunal has
to be set aside."
Article 16 in Constitution of India [Constitution]
Union Of India & Anr vs R. Swaminathan on 12 September, 1997
In R. Swaminathan (Supra), in a situation identical to
the facts of the present case, the Hon'ble Supreme Court noted
that,
"7. For the fixation of pay on promotion, therefore,
one has to first look at the pay being drawn by the
promotee in the lower post. This pay in the lower post
must be increased by one increment in that pay
scale. His initial pay in the time-scale of the higher
post is fixed at the stage next above this notional pay
arrived at in the lower post.
Manish Gupta And Others vs Gurudas Roy on 9 February, 1995
In the case of Manish Gupta (Supra), in view of the
provisions of Rule 55 (4) of the West Bengal Service Rules it
was held by the Hon'ble Supreme Court that,
"we cannot say that there is no merit in the
submission of Shri. Sanghi that in view of the proviso
to Rule 55(4) the respondent cannot claim the fixation
of his basic pay on the same level as the basic pay
drawn by Hrishikesh Roy. In our view the appellants
could reasonably proceed on the basis that in view of
the proviso contained in Rule 55(4) of the Rules the
pay of the respondent cannot be fixed at the same
level as that the Hrishikesh Roy and, therefore, in
fixing the basic pay of the respondent it cannot be
said that the appellants had wilfully and deliberately
disobeyed the directions given by the Appellate
Bench in its order dated September 20, 1989."
State Of Andhra Pradesh & Ors. Etc. Etc vs G. Sreenivasa Rao & Ors. Etc. Etc on 13 March, 1989
37. As regards the 'principle of equal pay for equal work', the
Hon'ble Supreme Court, in the case of G. Sreenivasa Rao
(Supra) laid down that,
"14. We do not agree with the High Court/Tribunal.
Doctrine of "equal pay for equal work" cannot be put
in a strait-jacket. Although the doctrine finds its place
29
in the Directive Principles but this Court, in various
judgments, has authoritatively pronounced that right
to "equal pay for equal work" is an accompaniment of
equality clause enshrined in Articles 14 and 16 of the
Constitution of India. Nevertheless the abstract
doctrine of "equal pay for equal work" cannot be read
in Article 14. Reasonable classification, based on
intelligible criteria having nexus with the object
sought to be achieved, is permissible.
Article 32 in Constitution of India [Constitution]
Ramchandra Shankar Deodhar & Ors vs The State Of Maharashtra & Ors on 12 November, 1973
In Ramchandra Shankar Deodhar (Supra), the Hon'ble
Supreme Court held that,
"10. The first preliminary objection raised on behalf
of the
respondents.........................................................
......