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| HC comes to the rescue of BSF Law officers | | | EARLY TIMES REPORT
JAMMU, Oct 16: Setting aside the judgment of the Single Judge passed on May 7, 2004, the Division Bench of Jammu and Kashmir High Court, Jammu Wing, comprising Chief Justice Manmohan Sarin and Justice Sunil Hali came to the rescue of the law officers of BSF and held them entitled to parity and benefits from August 24, 1998 with their counter parts i.e Coast Guards and NSG right from the stage IV Pay Commission of January 1, 1986.
This judgment pronounced in an appeal filed by Union of India through its secretary in the Ministry of Home, Finance and Director General of BSF against the judgment of the single judge. In this appeal central Government standing counsel Ajay Sharma who appeared for the appellants submitted that the cabinet had approved up-gradation/ creation of the posts of Chief Law Officers and Law Officers Grade-I to bring them at par with the post of Chief Law Officer and Law Officers Grade-I in the National Security Guards and Coast Guards only with effect from August 1998.
This approved for reporting judgment written by Chief Justice Manmohan Sarin for the Division Bench after hearing both the sides observed that equal pay for equal work is the constitutional goal and not a fundamental right. In this appeal DB finds merit that the up-gradation and creation of posts in the higher scale of Chief Law Officer and Law Officers Grade-I was a sine-quo-none for grant of parity and benefit to the respondents and others. Even if in earlier proposals or proceedings it had been recognized that there was merit in their submission, the same could not be given effect till the up-gradation was approved by cabinet. Once the cabinet decision had been taken in implementation of it, the creation of upgraded posts or up-gradation was granted. It is, accordingly from the said date that the respondents and other incumbents would be entitled for the benefits.
The Division Bench allowed the appeal and set-aside the judgment of single judge to the extent it holds that the respondents and other law officers of BSF are entitled to parity with their counter-parts in the Coast-Guard and NSG right from the stage of IV Pay Commission January 1, 1986 and also to notional fixation of pay for the period prior to it. DB holds that the respondent and other law officers of BSF are entitled to parity and benefits from August 24, 1998. JNF |
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