Special Leave Petition (Civil) No. 17419/2009. Case: Union of India (UOI) and Ors. Vs Rajesh Kumar Gond, [Alongwith Civil Appeal No. 1119 of 2013 and Special Leave Petition (Civil) No. 37255/2012]. Supreme Court

Case NumberSpecial Leave Petition (Civil) No. 17419/2009
Party NameUnion of India (UOI) and Ors. Vs Rajesh Kumar Gond, [Alongwith Civil Appeal No. 1119 of 2013 and Special Leave Petition (Civil) No. 37255/2012]
JudgesH.L. Gokhale and J. Chelameswar, JJ.
IssueConstitution of India - Articles 14, 16, 39
Judgement DateJuly 25, 2013
CourtSupreme Court

Order:

S.L.P. (C) No. 17419/2009

  1. Delay condoned.

  2. Heard Mr. P.P. Malhotra, learned Additional Solicitor General in support of this special leave petition and Mr. Subodh Kr. Pathak, learned Counsel appearing for the Respondent.

  3. This special leave petition seeks to challenge the judgment and order dated 9.7.2008 passed by the High Court of Calcutta in Writ Petition No. 632 of 2007 which confirmed the judgment dated 9.11.2006 passed by the Central Administrative Tribunal, Calcutta Bench in O.A. No. 939 of 2004.

  4. The Respondent is a Junior Hindi Translator working in the office of Director General of Commercial Intelligence and Statistics under the Commerce Ministry and he sought parity of pay with the Junior Translators who were working in the Central Secretariat Official Language Service (CSOLS). The Home Ministry had issued Office Memorandum dated 9.2.2003, upgrading the pay-scales of Junior Hindi Translators from Rs. 5000-1050-8000 to Rs. 5500-175-9000, which were made applicable from 11.2.2003. The Respondent sought the same pay-scale but it was denied to him. It is, therefore, that he filed an application in the Central Administrative Tribunal on the basis of 'equal pay for equal work'. The application filed by the Respondent was opposed by the Petitioners by filing a counter, wherein amongst other things, in paragraph 9 they stated that the Fifth Central Pay Commission had recommended that the pay-scales of Junior Hindi Translators for the Central Secretariat (CSOLS) may be applied to all subordinate offices subject to their functional requirement. However, no material whatsoever was placed before the Tribunal to show as to how the functional requirement of the concerned job in the Commerce Ministry was different from that in the Central Secretariat. Both the posts required the work of translation to be done and, therefore, the Tribunal came to the conclusion that there was no reason to deny parity in pay. The Tribunal relied upon the judgment of a Bench of three Judges of this Court in Randhir Singh v. Union of India and Ors. (1982) 1 SCC 618, which is a judgment granting equal pay to the drivers in Delhi Police Force as available to those in the Central Government and Delhi Administration. The Petitioners herein challenged the order of the Tribunal by approaching the Calcutta High Court which dismissed the writ petition and therefore, this special leave petition.

  5. Mr. Malhotra, learned Additional Solicitor General appearing...

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