TELECOMMUNICATION RESEARCH CENTRE SCIENTIFIC OFFICERS (CLASS I) ASSOCIATION AND OTHERS versus UNION OF INDIA & OTHERS

TELECOMMUNICATION RESEARCH CENTRE SCIENTIFIC OFFICERS (CLASS I) ASSOCIATION AND OTHERS versus UNION OF INDIA & OTHERS

Denial of special pay to direct recruits in the Telecommunication Research Centre violates Articles 14 and 16 since both direct recruits and transferred officers perform same functions with same qualifications and are in same pay scales. Discrimination without logical basis is unconstitutional. Direct recruits are...

Source-derived case information.

Parties
Petitioner: Telecommunication Research Centre Scientific Officers (Class I) Association and Others; Respondent: Union of India & Others
Jurisdiction
India
Judgment Date
16 January 1987
Procedural Posture
Writ Petition Under Article 32 / Final Decision on Merits
Outcome
Petitions allowed to the extent of granting special pay. Question relating to promotional opportunities left open.
Legal Topics
Equality Before Law, Service Conditions, Pay Parity, Discrimination in Service Pay
Constitutional Law Service Law Equality Before Law Service Conditions Pay Parity Discrimination in Service Pay

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Parties

Telecommunication Research Centre Scientific Officers (Class I) Association and Others

Petitioner

Union of India & Others

Respondent

Procedural Posture

Writ Petition Under Article 32 / Final Decision on Merits

Legal Issues

  1. 1 Whether denial of special pay to directly recruited Class I officers in the Telecommunication Research Centre is discriminatory and violative of Articles 14 and 16 of the Constitution.
  2. 2 Whether direct recruits are entitled to special pay at par with transferred officers.

Ratio Decidendi

Denial of special pay to direct recruits in the Telecommunication Research Centre violates Articles 14 and 16 since both direct recruits and transferred officers perform same functions with same qualifications and are in same pay scales. Discrimination without logical basis is unconstitutional. Direct recruits are entitled to special pay at par with transferred officers from the same date as the latter.

Court Disposition

Petitions allowed to the extent of granting special pay. Question relating to promotional opportunities left open.

Orders

  • Union of India directed to pay special pay to direct recruits from the date transferred officers began receiving it, to continue so long as transferred officers receive it.
  • Arrears of special pay to be paid within four months from today.