Judgment In Rem Extends Benefits To All Similarly Situated Employees, Denying Them Violates Articles 14 & 16: J&K High Court

Case: Mehmooda Vs State of J&K

Coram: Justice Wasim Sadiq Nargal

Case No.: Case No. SWP 2126/2018

Court Observation: “Thus, to deny similar benefits to the petitioners on the touchstone of what has already been granted to same set of employees and falling in the category of retired employees would tantamount to discrimination and violation of Articles 14 and 16 of the Constitution of India”

“Simply, because the petitioners did not come to the Court when they were in active service cannot be deprived of their legitimate rights, particularly when the judgment passed by this Court was a judgment in rem and 13 in such a situation, the respondents/employers were under a legal obligation to grant the benefit to all the similarly situated employees, notwithstanding the fact as to whether they approached the Court or not”.

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Keywords

Judgment In Rem Extends Benefits To All Similarly Situated Employees