S.R. DHEER S/O LATE SHRI C.L. DHEER AND ORS. Vs. UNION OF INDIA (UOI) REPRESENTED THROUGH THE SECRETARY TO GOVERNMENT OF INDIA, DEPARTMENT OF EXPENDITURE, MINISTRY OF FINANCE,

JUDGEMENT

(1.) EQUALITY in law is a Fundamental Right guaranteed to all citizens of this country under Article 14 of the Constitution of India. Any invidious discrimination, which does not pass the twin tests of reasonableness under the Constitution of India, shall amount to treating the equals differently and is a hostile discrimination not approved in law by the Constitution Bench of the Hon'ble Supreme Court in D.S. Nakara v. Union of India, 1983 SCC (L&S) 145.

(2.) NO doubt, in service jurisprudence, legitimate expectation is a cardinal principle though not in substantive law to operate both in procedural and substantive matters, as ruled by the Apex Court in Jitender Kumar v. State of Haryana, 2008 (1) SCC (L&S) 428, as also ruled in M/s Sethi Auto Service Station v. D.D.A. .

(3.) IN the administrative arena, the orders passed are to be tested on the touchstone of reasonableness, as ruled by the Apex Court in Noida Enterprises Association v. Noida Authority, 2008 (1) SCC (L&S) 672. 'Equal pay for equal work' though may not be a Fundamental Right guaranteed to a government servant, yet an abstract doctrine in consonance with the principle of equality enshrined under Article 14 of the Constitution of India, a hostile discrimination, which is illogical, irrational and illegal and in a case where there is no intelligible differentia which has a reasonable nexus with the object sought to be achieved, similarly placed cannot be invidiously discriminated in the matter of pay scale.