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Supreme Court of India 2020-01-16 allowed

Union of India & Ors vs Brig. Balbir Singh (Retd.)

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A retired Brigadier was appointed as Chief Engineer in a temporary capacity and claimed entitlement to the grade pay prescribed for Indian Defence Service of Engineers (IDSE) members. The Armed Forces Tribunal had dismissed his application. The Supreme Court held that the principle of 'equal pay for equal work' does not apply where statutory IDSE Rules expressly govern grade pay based on recruitment source. The Brigadier, though working as Chief Engineer, remains entitled only to benefits attached to his Brigadier rank, not to IDSE grade pay. The appeal was allowed and the Tribunal's judgment set aside.

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Military Law Service Law Pay and Allowances Equal Pay Doctrine

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