Arbitrary policy decisions open to judicial review: CAT
The Central Administrative Tribunal has said arbitrary policy decisions which discriminate between equal employees are open to judicial review.
By PTI |
NEW DELHI: The Central Administrative Tribunal has said arbitrary policy decisions which discriminate between equal employees are open to judicial review.
A Bench of the Tribunal headed by Justice Shankar Raju held, "It is trite that a policy, which discriminates between the equals cannot be sustained in judicial review being violative of Article of 14 of the Constitution of India".
The bench delivered the verdict while setting aside a departmental order by the Comptroller and Auditor General (CAG) restricting special deputation allowance to its staff posted at headquarters and leaving out the employees at field offices.
The bench also asked the CAG to pay arrears of the allowance to the petitioners if it was ever discontinued in the past.
The petitioners, 40 members of CAG staff including S Manoj Kumar, R S Rathee, Birender and R M Sharma, had challenged the order of the department issued on October 6, 2006 which had discontinued the special duty allowance for all subordinate field offices and restricting it to the head office only.
The bench said the CAG failed to explain the distinction between the duties of the headquarter staff and the field staff.
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"I also do not find any distinction between the duties attached to the incumbents of the post in the field offices and in the head office", the Tribunal noted. Download
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