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2021 (10) TMI 1425 - SC - Indian LawsPrinciples of parity and equality - Direction to Respondents to treat all those 318 ex-employees at par with 134 ex-employees who were allotted 200 Sq. Yards of plots free of cost and to allot them accordingly. Whether the remaining 318 ex-employees of the Respondent No. 4 Mills (erstwhile) can claim the parity and equality vis-à-vis other similarly situated 134 ex-employees of the Respondent No. 4 Mills (erstwhile) and can claim 200 Sq. Yards of plots free of cost? HELD THAT:- The concept of equality before the law and equal protection of the laws emerges from the fundamental right expressed in Article 14 of the Constitution. Equality is a definite concept - The concept of equality has an inherent limitation arising from the very nature of the constitutional guarantee. Those who are similarly circumstanced are entitled to an equal treatment. Equality is amongst equals. Classification is therefore to be founded on substantial differences which distinguish persons grouped together from those left out of the groups and such differential attributes must bear in just and rational relation to the object sought to be achieved. In a given case Article 14 of the Constitution may permit a valid classification. However, a classification to be followed must necessarily satisfy two tests. Firstly, the distinguishing rationale has to be based on a just objective and secondly, the choice of differentiating one set of persons from another must have a reasonable nexus to the objects sought to be achieved. In the present case allotment of 200 Sq.Yards free of cost to 134 employees was to avoid undue hardship to the ex-employees and as a welfare measure. As observed, those 318 ex-employees who are denied the benefit of allotment of 200 Sq.Yards of plots free of cost are similarly placed persons with that of 134 employees who are allotted 200 Sq.Yards plots free of cost. There is no rationale justification in providing differential treatment to one class of ex-employees similarly placed with another class of ex-employees who are allotted the plots. The Respondents more particularly Respondent Nos. 2 and 3 are hereby directed to treat and consider the remaining 318 ex-employees of the erstwhile Respondent No. 4 - Azam Jahi Mills at par with other 134 ex-employees who were allotted 200 Sq. Yards of plots free of cost as per the Government Order No. 463 dated 27.06.2007. The impugned judgement set aside - appeal allowed.
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