VidhiSangh

Supreme Court of India · 31/08/2021

UNION OF INDIA & ORS. versus MANOJ KUMAR & ORS.

[2021] 8 S.C.R. 1161 · 2021 INSC 428

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Summary

The Court rejected the claim of Private Secretaries Grade II in zonal railways to the Secretariat pay treatment under paragraph 3.1.9 of the Sixth Pay Commission report. Zonal offices were non-Secretariat organisations governed by the specific recommendations in paragraph 3.1.14. Neither occasional historical parity, some common examinations and transfers, nor similar designations established an entitlement to complete parity. The Commission had considered the disparity and retained distinct recommendations. The Union’s appeals were allowed and the contrary High Court judgment set aside.

Issues

  1. Whether zonal railway Private Secretaries Grade II were governed by Secretariat or non-Secretariat pay recommendations.
  2. Whether historical pay comparisons, recruitment arrangements or transfers justified complete parity with Secretariat counterparts.

Held

Result

Union’s appeals allowed; High Court judgment granting the claimed pay parity set aside.

Judgment PDF: Supreme Court of India, [2021] 8 S.C.R. 1161.