Lawstreet Journal

Clothing And Washing Allowance Cannot Be Different for Same Employees: Delhi HC [Read Judgment]

Lawstreet Journal 2 Dec 2019 7:42pm

Image courtesy: Lawstreet Journal Judiciary Clothing And Washing Allowance Cannot Be Different for Same Employees: Delhi HC [Read Judgment]

The Delhi High Courton November 29, 2019,in the case of Shambhu Sharma & Ors. v. High Court of Delhi Thr. Its Registrar General has held that all the employees of the court should be paid equal clothing and washing allowance and implementing a policy which entitles only a certain selective employees to avail its benefits is arbitrary. 

A Division Bench of Justice Muralidhar and Justice Talwant Singh observed that discrimination cannot be done between employees who were similarly placed in terms of their pay scale. As per the Delhi High Court (Appointment and Conditions of Service) Rules, 1972 there is no such provision that allows such discrimination.

According to Article 14of the Constitution of India,the classification of categories must be based upon intelligible differentia that distinguishes one class of persons from the other. This differentia must have a reasonable nexus to the object of classification. Only when these two conditions are met, can discrimination between persons be allowed, otherwise not.

The writ petition argued that the difference between the amount payable as allowances began when uniforms were made mandatory for all the staff of the High Court. While gazetted officers got an annual clothing allowance of INR 11,250 and a monthly washing allowance of INR 1,750, other employees only got INR 1,500 annually for clothing and INR 1,250 monthly for washing.

There was another set of employees who did not receive clothing allowances at all; instead they were getting stitched clothes. The High Court rejected reasons like the staff inside the court halls/complex was… Continue Reading...


Tagged: Delhi High Court   Delhi Court  
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