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Supreme Court of India 2025-12-16 allowed

SANJAY KUMAR UPADHYAY vs STATE OF JHARKHAND AND ORS

Bench: 2 — J.K. Maheshwari, Vijay Bishnoi

In Brief

An Industries Extension Officer appointed in 1981 through a common competitive examination was denied a higher revised pay scale granted to ten other officers from the same recruitment process. The Patna High Court had declared the differential pay treatment discriminatory and unconstitutional. When the appellant sought the same relief 13 years later through the Jharkhand High Court (after state reorganization), the Division Bench rejected his petition citing delay and laches. The Supreme Court allowed his appeal, holding that in continuing pay discrimination cases, delay cannot defeat substantive equality rights. The Patna High Court judgment remained binding on Jharkhand under the Bihar Reorganisation Act. Similarly situated employees must receive equal benefits without requiring individual court suits.

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Constitutional Law Service Law Pay Scale Parity Equality Before Law Discrimination in Public Employment Continuing Cause of Action Delay and Laches State Reorganisation Civil Procedure

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