STATE OF MADHYA PRADESH versus R.D. SHARMA AND ANR.

STATE OF MADHYA PRADESH versus R.D. SHARMA AND ANR.

The High Court erred in applying 'equal pay for equal work' to award the apex scale to a retiree who left service in 2001; the Amended Rules, 2008 upgraded one PCCF post to an apex scale effective 27.09.2008 to be filled by selection from serving PCCFs in the HAG+ scale, and absent cogent material of grave error the...

Source-derived case information.

Parties
Appellant: State of Madhya Pradesh; Respondent: R.D. Sharma; Respondent: Union of India, Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training)
Jurisdiction
India
Judgment Date
27 January 2022
Procedural Posture
Civil Appeal Under Article 136 of the Constitution / Judgment Delivered
Outcome
Appeals allowed
Legal Topics
Article 227, Equal Pay for Equal Work, Pension, Pay Scale Upgradation, Selection to Posts, Administrative Tribunal
Service Law Constitutional Law Administrative Law Article 227 Equal Pay for Equal Work Pension Pay Scale Upgradation Selection to Posts +1 more

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Parties

State of Madhya Pradesh

Appellant

R.D. Sharma

Respondent

Union of India, Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training)

Respondent

Procedural Posture

Civil Appeal Under Article 136 of the Constitution / Judgment Delivered

Legal Issues

  1. 1 Whether a pensioner who retired prior to the Indian Forests Service (Pay) Second Amendment Rules, 2008 (w.e.f. 27.09.2008) is entitled to the apex scale fixed by those Rules
  2. 2 Whether the High Court misapplied the principle of 'equal pay for equal work' and erred in exercising Article 227 superintendence to set aside the Tribunal's order
  3. 3 Whether the appeals were maintainable after this Court's earlier disposal of the SLP with liberty to approach the High Court

Ratio Decidendi

The High Court erred in applying 'equal pay for equal work' to award the apex scale to a retiree who left service in 2001; the Amended Rules, 2008 upgraded one PCCF post to an apex scale effective 27.09.2008 to be filled by selection from serving PCCFs in the HAG+ scale, and absent cogent material of grave error the Tribunal's rejection of the claim was proper and the High Court's interference under Article 227 was unwarranted.

Court Disposition

Appeals allowed

Orders

  • Impugned High Court orders dated 28.04.2017 and 17.09.2019 set aside
  • Appeals allowed and Tribunal order restored