UNION OF INDIA & ORS. versus MANOJ KUMAR & ORS.

UNION OF INDIA & ORS. versus MANOJ KUMAR & ORS.

Private Secretaries (Grade-II) in Zonal/Field Railways are to be treated as working in non-Secretariat organisations and therefore the specific recommendations in para 3.1.14 of the 6th Central Pay Commission apply rather than para 3.1.9; the separate recommendations for non-Secretariat organisations must be given effect to and the impugned orders directing parity under para 3.1.9 are set aside.

Parties
Appellants: Union of India & Ors.; Respondents: Manoj Kumar & Ors.
Jurisdiction
India
Judgment Date
31 August 2021
Procedural Posture
Civil Appeal Nos. 913 914 of 2021 / Judgment on Appeal (31.08.2021)
Outcome
Appeals allowed; impugned judgment set aside.
Legal Topics
Pay Scales, Parity Between Secretariat and Field Offices, Private Secretaries (grade Ii), 6th Central Pay Commission Recommendations
Service Law Pay Scales Parity Between Secretariat and Field Offices Private Secretaries (grade Ii) 6th Central Pay Commission Recommendations

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Parties

Union of India & Ors.

Appellants

Manoj Kumar & Ors.

Respondents

Procedural Posture

Civil Appeal Nos. 913 914 of 2021 / Judgment on Appeal (31.08.2021)

Legal Issues

  1. 1 Whether Private Secretaries (Grade-II) employed in Zonal/Field Railways are entitled to pay parity with counterparts in CSSS/RBSSS/CAT under the 6th Central Pay Commission recommendations and which paragraph of the 6th CPC governs.

Ratio Decidendi

Private Secretaries (Grade-II) in Zonal/Field Railways are to be treated as working in non-Secretariat organisations and therefore the specific recommendations in para 3.1.14 of the 6th Central Pay Commission apply rather than para 3.1.9; the separate recommendations for non-Secretariat organisations must be given effect to and the impugned orders directing parity under para 3.1.9 are set aside.

Court Disposition

Appeals allowed; impugned judgment set aside.

Orders

  • Impugned judgment set aside.
  • Appeals allowed.