Case Note & Summary
The case involved a dispute regarding the payment of Special Pay to employees of the Central Bureau of Investigation (CBI), specifically between two classes of officers: direct recruits (non-deputationists) and those on deputation from State cadres (deputationists). The petitioners, comprising 80 employees including Sub-Inspectors, Inspectors, and Deputy Superintendents of Police, claimed that the differential Special Pay constituted discrimination under Articles 14 and 16 of the Constitution. The non-deputationists received lesser Special Pay compared to their deputationist counterparts despite performing the same duties. The Central Government justified the disparity by citing differences in pay scales and the need to attract high-caliber officers. However, the Court found that the classification lacked a rational basis and did not serve the intended purpose of compensation for arduous duties. The Court held that both groups should receive equal Special Pay and directed the Central Government to rectify the pay disparity retroactively from the date the higher rates were established for deputationists. The Court ordered the payment of arrears within four months and allowed the writ petitions without costs.
Headnote
A) Constitutional Law - Equal Pay for Equal Work - Discrimination in Special Pay - Constitution of India, Articles 14 and 16 - The classification of officers into deputationists and non-deputationists for Special Pay does not meet the test of permissible classification as it lacks rational relation to the object of classification. The Court directed equal Special Pay for both groups, recognizing the same duties performed by them (Paras 1017-1023).
Issue of Consideration
Whether the differential payment of Special Pay to deputationists and non-deputationists in the CBI violates Articles 14 and 16 of the Constitution.
Final Decision
The Court directed the Central Government to pay non-deputationists Special Pay at the same rates as deputationists from the date the higher rates were established and to pay arrears within four months.
Law Points
- Equal pay for equal work
- discrimination
- classification
- Articles 14 and 16 of the Constitution
- Special Pay
- permissible classification
