Excelsior Correspondent
Srinagar, May 25: The Central Administrative Tribunal (CAT) has directed for reconsideration of release of arrears of salary to the employees of Forest Department from the date they were cleared for regularization.
Forty four daily rated workers were considered by the empowered committee for regularization in terms of SRO 64 and subsequently were regularized vide Government order dated 8.11.2002. However, their benefit of arrears of salary from the date of their clearance by the empowered committee has been denied.
The single bench of CAT presided by Ritu Tagore (Judl) set aside the Government order and directed the authorities to reconsider their claim for release of arrears for salary from the date of their clearance/recommendation by the Empowered Committed.
“While undertaking the exercise, the respondents shall specifically examine the claim of the applicants on the touchstone of parity, equal treatment, legitimate expectation and constitutional fairness and shall pass a comprehensive, reasoned and speaking order dealing with all relevant aspects raised by the applicants with eight weeks”, the court further ordered.
The court also made in clear that in case the applicants are found similarly situated to those employees who were granted arrears pursuant to the Government Orders, consequential benefits shall also be released in their favour in accordance with law.
The bench while turning down the condition as incorporated in the impugned order said such selective application of Government Orders and differential treatment among identically situated employees cannot withstand the test of Article 14 of the Constitution of India.
The applicants, court added, seek arrears of salary arising out of services admittedly rendered by them to the respondent department and salary for work performed is not a bounty payable at the sweet will of the employer as it constitutes a valuable legal right flowing from the relationship of employment and is intrinsically connected with the right to livelihood guaranteed under Article 21 of the Constitution of India.
“Once a uniform course of conduct was adopted by the Government in granting such benefit to similarly situated employees, denial thereof to the present applicants without any intelligible differentia becomes prima facie arbitrary”, read the judgment.
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