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| State cannot discriminate between set of similar employees by applying different yardsticks, approach: CAT | | | Early Times Report
JAMMU, Sept 3: A Bench of Central Administrative Tribunal comprising B Anand (A) Member and Rajinder Singh Dodgra (J) Member, while quashing Government Order No. 01 JK (YSS) of 2022 dated 03.01.2022 , observed that lacks the element of fairness and results in discriminations and treating the applicants differently especially when their claim is fairly admitted by the department violates the very basic concept of equal pay for equal work, which cannot be expected from the state, as the state is one unit and cannot discriminate between the set of similar employees by applying the different yardsticks and approach.
CAT further observed that Other aspect of the case is that the order impugned is otherwise a non-speaking order and it is well established and settled law that quasi-judicial authorities must record reasons in support of its conclusion and insistence on recording of reasons is meant to serve the wider principle of justice that justice must not only be done but also appear to have been done and that recording of reasons is indispensable in the decision making process and the same facilitates the process of judicial review by the Superior Courts and it is also necessary to give reasons for sustaining the litigants' faith in the justice delivery system.
CAT further observed that by taking the note of the admission of the claim of the applicants by the respondent department and as there is no difference between the status of lecturers in Education Department and Youth services and Sports Department, as both the cadres have specialization in their relevant subject, we feel that discrimination should not take place among similar situated candidates. At this stage among thousands of similarly situated lecturers, only few persons in the state are being discriminated by not getting same pay scale as others are being paid. It is also important to mention that government should also not suffer by financial burden which will come by giving retrospectively financial benefits.
With these observations, CAT said that the admission of the claim of the applicants by the respondent No. 5 & 7 and the position of law as well, the O.A. is partly allowed and the Government order No. 01 JK (YSS) of2022 dated 03.01.2022 issued by the respondent No.5 is hereby quashed. The respondents are further directed to place the applicants in the pay scale of 9300-34800 with Grade Pay of Rs. 5400/- as is being granted to other similarly situated lecturers of Education Department retrospectively from the date of their appointment on the post of lecturer in the department along with notional benefits. It is made clear that applicants will be given monetary (financial) benefit prospectively and they will not be entitled to any back wages/ arrears.
—JNF |
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