AIR 1997 SUPREME COURT 3008 ::1997 AIR SCW 3040 ::1997 LAB. I. C. 2887 ::(1997) 77 FacLR 233 ::1997 SCC (L&S) 1572 ::1997 (6) SCC 589 ::(1997) 2 LabLJ 777 ::(1997) 5 Scale 67 ::1997 (4) LabLN 533 ::1997 (3) SCT 554 ::1997 (4) ServLR 746 ::1997 (6) Supreme 510 ::(1997) 7 JT 19 (SC)

Supreme Court Of India

Hon'ble Judge(s): Sujata Manohar, G. B. Patnaik , JJ

(A) Constitution of India , Art.16, Art.14— Special pay - Grant of project amenities and allowance only to employees stationed within project area and not to employees engaged in project but stationed not within project area but in Taluk Headquarters and elsewhere - Not discriminatory. Where the Govt. granted some project amenities and allowance only to the employees stationed within the project area and denied the same to the employees though engaged in project were stationed not within the project area but in Taluk Headquarters and elsewhere, such grant of project amenities cannot be held to be discriminatory. The power to grant any special allowance and amenities to those employees who serve the Government and are posted in places with an unfavourable condition is within the discretion of the Government. Considering the nature of duties discharged by those who have been posted within a project area as well as non-availability of several basic amenities of life, the Government would be well within its power to grant some incentives like project allowance and other amenities like free quarters, free electricity and free water supply. But such incentives and amenities cannot be claimed as of right by all the employees who might have been employed in the project but are stationed outside the project area and are serving in Taluk Headquarters or elsewhere. It ....