Employees of Same Cadre – Cannot be Treated Differently

There can be no differential treatment between an employee directly recruited vis-à-vis another who is promoted. So long as the two employees are a part of the same cadre, they cannot be treated differently either for purposes of pay and allowances or other conditions of service, including the age of superannuation. Take for instance, a directly recruited District Judge vis-à-vis a promotee. There is no question of their age of superannuation being different only because one is a direct recruit while the other is a promotee. So also an IAS officer recruited directly cannot for purposes of age of superannuation be classified differently from others who join the cadre by promotion from the State Services. The underlying principle is that so long as the officers are a part of the cadre, their birthmarks, based on how they joined the cadre is not relevant. They must be treated equal in all respects: salary, other benefits and the age of superannuation included. Union of India v. Atul Shukla, (2014) 10 SCC 432.


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Filed under Employment Law, Same Cadre Employees

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