M.P. SINGH, DY. SUPDT. OF POLICE C.B.I. & ORS. versus UNION OF INDIA AND ORS.

M.P. SINGH, DY. SUPDT. OF POLICE C.B.I. & ORS. versus UNION OF INDIA AND ORS.

Classification of Sub-Inspectors, Inspectors, and Deputy Superintendents of Police in CBI into deputationists and non-deputationists for paying different rates of special pay does not pass the test of permissible classification under Articles 14 and 16 of the Constitution of India. All officers perform the same duties; special pay relates only to the arduous nature of their duties, not to compensation for displacement or experience. Unequal rates are discriminatory.

Parties
Petitioner: M.P. Singh, Deputy Superintendent of Police, C.B.I. & Ors.; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
16 January 1987
Procedural Posture
Writ Petition (civil) Nos. 13097 13176 of 1984 / Original Jurisdiction
Outcome
Petition allowed
Legal Topics
Equality Clause, Equal Pay for Equal Work, Permissible Classification, Discrimination
Constitutional Law Employment Law Equality Clause Equal Pay for Equal Work Permissible Classification Discrimination

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Parties

M.P. Singh, Deputy Superintendent of Police, C.B.I. & Ors.

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (civil) Nos. 13097 13176 of 1984 / Original Jurisdiction

Legal Issues

  1. 1 Whether paying higher special pay to deputationists than non-deputationists in CBI offends Article 14 and Article 16 of the Constitution.
  2. 2 Whether the principle of 'equal pay for equal work' applies to the payment of special pay.

Ratio Decidendi

Classification of Sub-Inspectors, Inspectors, and Deputy Superintendents of Police in CBI into deputationists and non-deputationists for paying different rates of special pay does not pass the test of permissible classification under Articles 14 and 16 of the Constitution of India. All officers perform the same duties; special pay relates only to the arduous nature of their duties, not to compensation for displacement or experience. Unequal rates are discriminatory.

Court Disposition

Petition allowed

Orders

  • Central Government directed to pay non-deputationists working in CBI cadres of Sub-Inspectors, Inspectors, and Deputy Superintendents special pay at the same rates as deputationists with effect from 21.6.1976 onwards.
  • Arrears of special pay to be paid within four months from date of judgment.