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2017 (12) TMI 1718 - HC - VAT and Sales TaxRevision of pay-scale - request for same pay- scale as is available to a Member of the Trade Tax Tribunal, appointed from amongst the Additional Commissioners and Deputy Commissioners of Trade Tax Department - HELD THAT:- We are conscious of the fact that a differential scale on the basis of educational qualifications and the nature of duties is permissible. However, it is equally clear to us that if two categories of employees are treated as equal initially, they should continue to be so treated unless a different treatment is justified by some cogent reasons. In a case where the nature of duties is drastically altered, a differential scale of pay may be justified. Similarly, if a higher qualification is prescribed for a particular post, a higher scale of pay may be granted. However, if the basic qualifications and the job requirements continued to be identical as they were initially laid down, then the Court shall be reluctant to accept the action of the authority in according a differential treatment unless some good reasons are disclosed. The denial of same pay scale to the petitioner on the ground that his appointment on the post of Member, Trade Tax Tribunal was made from amongst the Advocates quota is wholly unjust and unreasonable. There is no dispute to the fact that at the time of appointment of the petitioner as a Member, Trade Tax Tribunal, the pay scale of Member was ₹ 4500-5700 which was ultimately revised to ₹ 5900-6700. Once the pay scale given to the petitioner at the initial stage has been extended to all other members from different two quotas, then the denial of the same benefit to the petitioner is wholly unwarranted. Members of same cadre have right to get same scale of pay and the respondents have failed to established that the classification was based on some intelligible differentia having reasonable nexus with job requirement. There is a invidious discrimination - the impugned order dated 12.7.2001 rejecting the claim of the petitioner for grant of same scale of pay which was admissible to the other members of the Trade Tax Tribunal, who were appointed from amongst the Addl. Commissioners and Deputy Commissioners of the Trade Tax Department is hereby quashed - Petition allowed.
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