UNION OF INDIA AND ANR. versus MANU DEV ARYA

UNION OF INDIA AND ANR. versus MANU DEV ARYA

The doctrine of equal pay for equal work cannot be invoked in this context; the distinction in granting enhanced Non-Practicing Allowance to Doctors and Physicians in higher pay scales is a valid policy decision and does not amount to discrimination or violation of the respondent's rights.

Parties
Appellant: Union of India and Anr.; Respondent: Manudevarya
Jurisdiction
India
Judgment Date
27 April 2004
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal allowed
Legal Topics
Equal Pay for Equal Work, Non Practicing Allowance, Policy Decision, Discrimination
Service Law Constitutional Law Administrative Law Equal Pay for Equal Work Non Practicing Allowance Policy Decision Discrimination

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Parties

Union of India and Anr.

Appellant

Manudevarya

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the enhancement of Non-Practicing Allowance for posts in a higher pay scale, excluding others, violates the doctrine of equal pay for equal work
  2. 2 Whether the policy decision of the Central Government regarding non-practicing allowance amounts to hostile discrimination

Ratio Decidendi

The doctrine of equal pay for equal work cannot be invoked in this context; the distinction in granting enhanced Non-Practicing Allowance to Doctors and Physicians in higher pay scales is a valid policy decision and does not amount to discrimination or violation of the respondent's rights.

Court Disposition

appeal allowed

Orders

  • Impugned judgments of the Single Judge and Division Bench of Gauhati High Court set aside.
  • No order as to costs.