- (1.) Leave granted.
(2.) Equality before law and equal protection of laws is the quintessence of Right to Equality, a Fundamental Right guaranteed under the Constitution of India. Equals cannot be treated unequally, nay, they are to be treated equally. Right to such equality cannot be arbitrarily denied to the equals in the absence of a valid classification. Had the first Respondent borne in mind these elementary principles of one of the most sacred fundamental rights as indicated above, a long drawn three tier litigation of the Appellant employee could have been averted.
(3.) Andaman and Nicobar Administration (represented by its various officers, Respondent Nos. 2 to 5) has been requesting the first Respondent-Union of India in the Ministry of Home Affairs for encadrement of the post of Information Officer, Tourist Information Officer and Deputy Resident Commissioner (hereinafter referred to as IO, TIO and DRC, respectively) in the National Capital Territory of Delhi; Andaman and Nicobar Islands, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli Civil Services (hereinafter referred to as DANICS). In Andaman and Nicobar Islands, there are three posts of DRC, two posts of TIO and two posts of IO. The Appellant belongs to the IO cadre. The Cadre Review Committee recommended encadrement only of three posts of DRCs and, accordingly, the Government vide notification dated 01.10.2009, encadred three posts of DRCs. The Appellant approached the Central Appellant Tribunal, which, by order dated 31.01.2012, held as follows: 13....The decision of Respondents not to include the post of Information Officer cannot therefore be sustained. The UOI is directed to reconsider the matter relating to their encadrement from the date of notification.... 14.... The Respondents UOI are directed to reconsider the matter relating to non-inclusion of the post of Information Officer in the Schedule I. In case they are included they will be included w.e.f. the date of notification of revised Schedule I....;