UNION OF INDIA AND ORS. versus PRADIP KUMAR DEY

UNION OF INDIA AND ORS. versus PRADIP KUMAR DEY

In the absence of material relating to qualifications, method of recruitment, degree of skill, experience, responsibilities, and other relevant factors for comparison, mere recommendations do not confer a right to claim higher pay-scales under 'equal pay for equal work'; court intervention is unwarranted unless there is proven hostile discrimination.

Parties
Appellant: Union of India and Ors.; Respondent: Pradip Kumar Dey
Jurisdiction
India
Judgment Date
09 November 2000
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of Calcutta High Court
Outcome
appeal allowed
Legal Topics
Equal Pay for Equal Work, Pay Scales, Writ of Mandamus
Service Law Constitutional Law Equal Pay for Equal Work Pay Scales Writ of Mandamus

Case Brief

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Parties

Union of India and Ors.

Appellant

Pradip Kumar Dey

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of Calcutta High Court

Legal Issues

  1. 1 Whether mere recommendation by CRPF Directorate to Pay Commission confers a right to seek a writ of mandamus for higher pay-scale.
  2. 2 Whether the principle of 'equal pay for equal work' applies to Radio Operators in CRPF vis-à-vis those in other government agencies without material for comparison.

Ratio Decidendi

In the absence of material relating to qualifications, method of recruitment, degree of skill, experience, responsibilities, and other relevant factors for comparison, mere recommendations do not confer a right to claim higher pay-scales under 'equal pay for equal work'; court intervention is unwarranted unless there is proven hostile discrimination.

Court Disposition

appeal allowed

Orders

  • Judgment and order of Division Bench set aside.
  • Judgment of Single Judge restored.