Case Note & Summary
The appeal arose from an order of the Central Administrative Tribunal, Calcutta Bench dated March 11, 1987 in ND OA No.12/A&N/87 dismissing the appellant's claim for higher scale of pay as Head Compounder. The appellant, a Head Compounder in the Health Department of Andaman & Nicobar Islands, contended that he was entitled to special pay on par with others under Fundamental Rule 9(25) Clause 7(iii). The Government had earlier considered prescribing a higher scale of pay for the post of Head Compounder in proceedings dated April 21, 1976 but did not grant it. Before the Supreme Court, the appellant's counsel argued that the appellant was being denied special pay under the Fundamental Rules, while the respondents stated that all employees in Andaman & Nicobar Islands were being paid Andaman special pay as per Fundamental Rules and the appellant was not discriminated. The Court accepted the respondents' contention, holding that the grievance was not well founded. It observed that whatever directions have been given by the Government of India under the Fundamental Rules for payment of special pay to employees working in Andaman & Nicobar Island, they are entitled to the same, and accordingly such special pay be paid to all eligible persons including the appellant. The appeal was dismissed with these observations.
Headnote
A) Service Law - Special Pay - Fundamental Rule 9(25) Clause 7(iii) - Entitlement to Higher Scale of Pay for Head Compounder - The appellant claimed higher scale of pay as Head Compounder contending parity with others; respondents showed all Andaman & Nicobar employees receive Andaman special pay and appellant is not discriminated; Held that grievance is not well founded and directed that special pay under Fundamental Rules be paid to all eligible persons including the appellant.
Issue of Consideration
Whether the appellant, a Head Compounder, was entitled to a higher scale of pay or special pay on par with others under Fundamental Rule 9(25) Clause 7(iii), and whether denial of such higher scale amounted to discrimination.
Final Decision
Appeal dismissed. The Supreme Court accepted the respondents' contention that the grievance was not well founded. It observed that whatever directions have been given by the Government of India under the Fundamental Rules for payment of special pay to employees working in Andaman & Nicobar Island, they are entitled to the same, and accordingly such special pay be paid to all eligible persons including the appellant.
Law Points
- Fundamental Rule 9(25) Clause 7(iii) governs special pay
- all employees in Andaman & Nicobar Islands are entitled to Andaman special pay in accordance with Government of India directions under Fundamental Rules
- denial of higher scale of pay to a Head Compounder does not amount to discrimination when special pay is uniformly paid to eligible employees
- special pay must be paid to all eligible persons including the appellant
Case Details
K. Ramaswamy, G.B. Pattanaik
1996 AIR 1010, 1996 SCC (7) 392, JT 1996 (1) 561, 1996 SCALE (1)479
Lily Thomas, A.N. Jayaram
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Service law dispute regarding claim for higher scale of pay/special pay for the post of Head Compounder in the Health Department of Andaman & Nicobar Islands.
Remedy Sought
Appellant sought higher scale of pay as Head Compounder and special pay on par with others under Fundamental Rule 9(25) Clause 7(iii).
Filing Reason
The Central Administrative Tribunal, Calcutta Bench dismissed the appellant's original application; appellant appealed to the Supreme Court seeking relief.
Previous Decisions
The Central Administrative Tribunal, Calcutta Bench by order dated March 11, 1987 in ND OA No.12/A&N/87 dismissed the appellant's claim.
Issues
Whether the appellant was entitled to a higher scale of pay/special pay as Head Compounder under Fundamental Rule 9(25) Clause 7(iii) on par with other employees.
Whether denial of higher scale of pay amounted to discrimination when all eligible employees in Andaman & Nicobar Islands were being paid Andaman special pay.
Submissions/Arguments
Appellant's argument: Relying on Fundamental Rule 9(25) Clause 7(iii), the appellant is entitled to special pay on par with others, which is being denied.
Respondents' argument: The grievance was not made at any point of time; all those working in Andaman & Nicobar Island are being paid Andaman special pay as per Fundamental Rules, and the appellant is not discriminated.
Ratio Decidendi
An employee claiming a higher scale of pay or special pay must show discrimination or violation of specific rules. Where the Government has provided for special pay under Fundamental Rules and all eligible employees in a particular region receive such special pay uniformly, denial of a higher scale to a particular post does not amount to discrimination. The Court upheld the principle that eligible employees are entitled to special pay as per government directions under Fundamental Rules.
Judgment Excerpts
Leave granted.
The appellant claimed higher scale of pay as Head Compounder.
Accepting the contention of the counsel for the respondents, we are of the considered view that the grievance of the appellant is not well founded.
whatever direction that have been given by the Government of India under the Fundamental Rules for payment of special pay to the employees working in Andaman & Nicobar Island, they are entitled for the same and accordingly such special pay be paid to all the eligible persons including the appellant.
Procedural History
The appellant filed an original application before the Central Administrative Tribunal, Calcutta Bench (ND OA No.12/A&N/87), which was dismissed by order dated March 11, 1987. The appellant then filed a special leave petition before the Supreme Court. Leave was granted and the matter was heard as the present appeal.
Acts & Sections
- Fundamental Rules: Rule 9(25) Clause 7(iii)
