Supreme Court of India · 1988-10-04
ALL INDIA SAINIK SCHOOLS EMPLOYEES ASSOCIATION vs DEFENCE MINISTER-CUM-CHAIRMAN BOARD OFGOVERNORS, SAINIK SCH
- Citation / case number
- SC 1987/70961
- Court
- Supreme Court of India
- Petitioner
- ALL INDIA SAINIK SCHOOLS EMPLOYEES ASSOCIATION
- Respondent
- DEFENCE MINISTER-CUM-CHAIRMAN BOARD OFGOVERNORS, SAINIK SCH
- Author
- MISRA RANGNATH
- Bench
- MISRA RANGNATH
Judgment text excerpt
The Supreme Court held that the Sainik School Society qualifies as 'State' under Article 12 of the Constitution, thus making it amenable to claims for fundamental rights. However, the Court ruled that employees of Sainik Schools cannot be equated with Central Government employees or those of Kendriya Vidyalayas due to distinct funding and operational differences. The claim for 'equal pay for equal work' was rejected as the nature of work and institutional objectives differ significantly. The Court directed specific reliefs regarding service conditions but found no merit in the discrimination claim under Article 14.