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1 - 8 of 8 (0.39 seconds)Union Of India & Ors vs Atul Shukla Etc on 24 September, 2014
There
is no mention in the Scheme that the benefit of Second Time Scale Pay
would not be made applicable to those employees who have been
promoted on a 100% promotional post. The aforesaid provision has been
introduced by way of clarification. In the aforesaid circular no reasons
has been assigned for discrimination. It is contrary to the principle of law
laid down by the Supreme Court in the case of Union of India and
others vs. Atul Shukla and others quoted above that if two
employees are part of the same cadre and rank, they cannot be treated
differently for the purpose of pay and allowances. Article 14 of the
Constitution of India forbids class legislation.
The State Of West Bengal vs Anwar Ali Sarkar on 11 January, 1952
âÂÂ16. A long line of decisions of this Court that
have explained the meaning of equality guaranteed by
Articles 14 and 16 of the Constitution and laid down
tests for determining the constitutional validity of a
classification in a given case immediately assume
importance. These pronouncements have by now
authoritatively settled that Article 14 prohibits class
legislation and not reasonable classification. Decisions
starting with State of West Bengal v. Anwar Ali (AIR
1952 SC 75) down to the very recent pronouncement of
this Court in Dr. Subramanian Swamy v. Director, CBI
and Anr. (AIR 2014 SC 2140) have extensively examined
and elaborately explained that a classification passes
the test of Article 14 only if (i) there is an intelligible
differentia between those grouped together and others
who are kept out of the group; and (ii) There exists a
nexus between the differentia and the object of the
legislation.âÂÂ
Dr.Subramanian Swamy vs Director, Cbi & Anr on 6 May, 2014
âÂÂ16. A long line of decisions of this Court that
have explained the meaning of equality guaranteed by
Articles 14 and 16 of the Constitution and laid down
tests for determining the constitutional validity of a
classification in a given case immediately assume
importance. These pronouncements have by now
authoritatively settled that Article 14 prohibits class
legislation and not reasonable classification. Decisions
starting with State of West Bengal v. Anwar Ali (AIR
1952 SC 75) down to the very recent pronouncement of
this Court in Dr. Subramanian Swamy v. Director, CBI
and Anr. (AIR 2014 SC 2140) have extensively examined
and elaborately explained that a classification passes
the test of Article 14 only if (i) there is an intelligible
differentia between those grouped together and others
who are kept out of the group; and (ii) There exists a
nexus between the differentia and the object of the
legislation.âÂÂ
Article 16 in Constitution of India [Constitution]
Section 6A in The Delhi Special Police Establishment Act, 1946 [Entire Act]
Article 21 in Constitution of India [Constitution]
Centre For Public Interest Litigation & ... vs Union Of India & Ors on 19 October, 2000
7. The Constitution Bench of Supreme Court in the case of
Subramanian Swamy vs. Director, Central Bureau of
Investigation and another and Center for Public Interest
Litigation vs. Union of India reported in (2014) 8 SCC 682 while
considering the provisions of Section 6-A of DSPE Act 1946 held as under
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