UNION OF INDIA Vs. BRIG. BALBIR SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment of the Armed Forces Tribunal, Regional Bench, Kolkata by which the Appellants were directed to consider the claim of the Respondent for payment of grade pay of Rs.10,000/- or more, at par with his civilian counterparts holding the post of Chief Engineer in the Military Engineering Services (MES), with all consequential benefits.

(2.) The Respondent was commissioned in the Army on 16.12.1978 and he was allotted to the Corps of Engineers in July, 2005. The Respondent was promoted to the rank of Brigadier and was posted as Chief Engineer, Shillong Zone in the Military Engineering Service. Aggrieved by the disparity with regard to grade pay of Brigadier vis-a-vis civilian Chief Engineer in the MES, the Respondent filed O. A. No.155 of 2012 before the Armed Forces Tribunal, Regional Bench, Jaipur and sought a direction to the Appellants that he shall be entitled to the grade pay of Rs.10,000/- at par with his civilian counterparts. The Respondent further sought a direction to the Appellants herein to pay the arrears consequent to re-fixation of grade pay at Rs.10,000/- with all benefits along with interest at 18 % on such arrears. The O.A. filed before the Armed Forces Tribunal, Regional Bench, Jaipur was transferred to the Armed Forces Tribunal, Regional Bench, Kolkata. By a judgment dated 13.08.2015, the Tribunal allowed the O.A. filed by the Respondent and granted the relief sought by the Respondent. The application filed by the Appellants seeking leave to appeal to this Court was dismissed by the Tribunal.

(3.) The Tribunal held that the post of the Chief Engineer carries the same duties whether they are performed by a military person or a civilian. The Tribunal was of the opinion that in case the work and duties are similar then the source is immaterial, and whosoever may be assigned the same duties shall be entitled for the same pay and pay band. The Tribunal was of the opinion that the disparity in pay leads to the reduction of status of an employee, and amounts to an adverse public perception of their capability and their efficiency. By placing reliance on several judgments of this Court on the principle of 'equal pay for equal work' including in Randhir Singh v. Union of India, (1982) 1 SCC 618, Bhagwan Dass and Others v. State of Haryana and Others, (1987) 4 SCC 634 and Jaspal & Others v. State of Haryana and Others, [1987] 4 SCC 634, the Tribunal held that the nature of appointment being tenure or temporary in nature does not make a difference to the claim made by the Respondent. In the opinion of the Tribunal, the payment of lesser salary to an employee or officer holding the same post affects his fundamental rights. On the basis of the above findings, the Tribunal allowed the O.A. filed by the Respondents.