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Granting parity in pay scale depends upon comparative job ev

Raj Kumar Makkad ,
  20 April 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Service - Pay Scale - Parity - Claim of - West Bengal Services Revision of Pay and Allowances Rules, 1981 - Respondent holding post of Inspector Agricultural Minimum Wages (AMW), claimed parity in pay scale with posts of Inspector (Cooperative Societies), Extension Officers (Panchayat) and KGO-JLRO (now Revenue Officers) - Claim of Petitioner rejected by pay review committee - However, relief granted by Division Bench - Hence, present appeal - Whether Division Bench was justified in granting Petitioners same pay scale from respective dates as was granted to their counterparts under RPA 1981?
Citation :
State of West Bengal and Anr. v. West Bengal Minimum Wages Inspectors Association and Ors. (Decided on 15.03.2010) MANU/SC/0165/2010
Held, Parity claim not on basis of equal pay for equal work, but on basis of previous equal pay ?Evaluation of duties and responsibilities of different posts and determination of Pay scales applicable to such posts and determination of parity in duties and responsibilities are complex executive functions, to be carried out by expert bodies? Granting parity in pay scale depends upon comparative job evaluation and equation of posts? Principle "equal pay for equal work" not a fundamental right but a constitutional goal? Dependent on various factors such as educational qualifications, nature of the jobs, duties to be performed, responsibilities to be discharged, experience, method of recruitment etc.? Comparison merely based on designation of posts misconceived? Courts should approach such matters with restraint and interfere only if they are satisfied that the decision of Government is patently irrational, unjust and prejudicial to any particular section of employees? Burden to prove disparity is on employees claiming parity? Mere fact that at an earlier point of time, two posts were carrying same pay scale does not mean that after implementation of revision in pay scales, they should necessarily have same revised pay scale? Impugned order set aside? Appeal allowed.

 
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Published in Labour & Service Law
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