S.K. RATTAN versus UNION OF INDIA & ORS.

S.K. RATTAN versus UNION OF INDIA & ORS.

Until the appellant's retirement, no separate service rules were framed for NCRB officers; he was entitled to pay and benefits as per rules applicable to CBI officers. Denial constituted unjustified discrimination; pay and pension must be corrected accordingly.

Parties
Appellant: S.K. Rattan; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
28 November 2013
Procedural Posture
Civil Appeal / Appeal From Decision of Central Administrative Tribunal and Delhi High Court
Outcome
Appeals allowed; orders of Tribunal and High Court set aside; Original Application allowed.
Legal Topics
Transfer of Government Employees, Pay Scale Discrimination, Continuity and Protection of Service Conditions, Article 309 Constitution of India
Service Law Transfer of Government Employees Pay Scale Discrimination Continuity and Protection of Service Conditions Article 309 Constitution of India

Case Brief

Summary, issues, holding and outcome

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Parties

S.K. Rattan

Appellant

Union of India & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Decision of Central Administrative Tribunal and Delhi High Court

Legal Issues

  1. 1 Whether the appellant, transferred from CBI to NCRB, was entitled to pay parity and service benefits as per CBI rules in absence of NCRB-specific service rules until retirement
  2. 2 Whether denial of revised pay and benefits amounted to discrimination without justifiable reasons

Ratio Decidendi

Until the appellant's retirement, no separate service rules were framed for NCRB officers; he was entitled to pay and benefits as per rules applicable to CBI officers. Denial constituted unjustified discrimination; pay and pension must be corrected accordingly.

Court Disposition

Appeals allowed; orders of Tribunal and High Court set aside; Original Application allowed.

Orders

  • Appellant’s pay to be corrected as sought by him; his pension and other service benefits to be corrected on that basis; respondents to clear arrears within three months; no order as to costs.