Supreme Court of India · 1965-10-08
STATE OF MAHARASHTRA vs MINISTERIAL SERVICE ASSOCIATION
- Citation / case number
- SC 1964/90372
- Court
- Supreme Court of India
- Petitioner
- STATE OF MAHARASHTRA
- Respondent
- MINISTERIAL SERVICE ASSOCIATION
- Author
- GAJENDRAGADKAR, P.B. (),WANCHOO, K.N.,HIDAYATULLAH, M.,SHAHC.,SIKRI, S.M.
- Bench
- GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,SHAH, J.C.,SIKRI, S.M.
Judgment text excerpt
The Supreme Court held that the duties of Aval Karkuns in the former State of Bombay were not equivalent to those of first grade clerks, thus rejecting the clerks' claim for equivalence. The Court ruled that discrimination can only be established if an equivalent post exists and is not equated, affirming that Rule 12 of the Allocated Government Servants (Absorption, etc.) Rules is not discriminatory. The Court clarified that the pay scales should commence from 1st November 1956, as intended by the rules, and not from 1st May 1960 as per the Government's resolution.