Articles 14 & 16 strike at arbitrariness in State action and ensure fairness and quality of treatment.
Apparently, ED Agents, who get fixed wages without increments, no leave, no pensionary benefits or social security are being discriminated.
As a result of the above discussion, the Extra Departmental Agents have to be included within the overall class of Civil Servants, being holders of Civil Posts.
They can be grouped as "additional" to the departmental employees but they can not be classified as class apart from the Civil Servants.
At any rate they can not be classified with the sole object of not granting them benefit which accrue to a departmental employee.
The plea taken by the Department before the Second and the Third Pay Commissions and also before the various learned Tribunals that ED Agents are a class apart is entirely misconceived.
It is violative of Article 14 and 16 of the Constitution .
Apparently, ED Agents, who get fixed wages without increments, no leave, no pensionary benefits or social security are being discriminated.
As a result of the above discussion, the Extra Departmental Agents have to be included within the overall class of Civil Servants, being holders of Civil Posts.
They can be grouped as "additional" to the departmental employees but they can not be classified as class apart from the Civil Servants.
At any rate they can not be classified with the sole object of not granting them benefit which accrue to a departmental employee.
The plea taken by the Department before the Second and the Third Pay Commissions and also before the various learned Tribunals that ED Agents are a class apart is entirely misconceived.
It is violative of Article 14 and 16 of the Constitution .
-----Justice Talwar
