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october 1988

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.

ALL INDIA SAINIK SCHOOLS EMPLOYEES ASSOCIATION vs DEFENCE MINISTER-CUM-CHAIRMAN BOARD OFGOVERNORS, SAINIK SCH · Niyam