SHIBA KUMAR DUTTAND ORS. versus UNION OF INDIA AND ORS.

SHIBA KUMAR DUTTAND ORS. versus UNION OF INDIA AND ORS.

Unless the Government's action is arbitrary or there is invidious discrimination between persons similarly situated, Courts cannot go into the question of equation of posts or fitment into a particular scale of pay; these matters are left to Expert Committees and Government.

Parties
Petitioners: Shiba Kumar Dutt and Ors.; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
24 February 1997
Procedural Posture
Special Leave Petition (civil) / Order on Special Leave Petition
Outcome
Petition dismissed
Legal Topics
Pay Scales, Equations of Posts, Nomenclature and Fitment, Discrimination in Service, Executive Policy
Service Law Pay Scales Equations of Posts Nomenclature and Fitment Discrimination in Service Executive Policy

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Parties

Shiba Kumar Dutt and Ors.

Petitioners

Union of India and Ors.

Respondents

Procedural Posture

Special Leave Petition (civil) / Order on Special Leave Petition

Legal Issues

  1. 1 Whether the removal of different nomenclatures and fusion into one category created invidious discrimination between employees formerly in separate categories
  2. 2 Whether Court can go into and evaluate the job criteria and scales of pay prescribed for each category

Ratio Decidendi

Unless the Government's action is arbitrary or there is invidious discrimination between persons similarly situated, Courts cannot go into the question of equation of posts or fitment into a particular scale of pay; these matters are left to Expert Committees and Government.

Court Disposition

Petition dismissed

Orders

  • Delay condoned
  • Special leave petition dismissed