Lab Technicians of the Higher Education Department sought pay parity with Technical Education Department Lab Technicians claiming discrimination in grant of higher pay scale. The court held that equation of posts and pay scales is the Executive's domain and judicial review is limited; the petition was dismissed.
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WPS No. 2025 of 2015
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 2025 of 2015
---- Petitioner
Versus
---- Respondent
For Petitioners : Shri Rajendra Patel, Advocate. For Respondents/State : Shri Rajeev Bharat, Govt. Advocate.
Hon'ble Shri Deepak Kumar Tiwari, J
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WPS No. 2025 of 2015
Order On Board
08/02/2024 :
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WPS No. 2025 of 2015 departments. The petitioners have been discriminated, as all the Lab Technicians of the Department have been given the benefit of 6th Pay Commission except Higher Education Department Lab Technicians. Learned counsel for the petitioners prays to allow the petition and make suitable directions to the State/respondents. Reliance is placed on the judgment of the Hon’ble Supreme Court in the matter of Union of India & Ors. Vs. DGOF Employees Association and Anr. {Civil Appeal No.1663/2016, decided on 9th November, 2023.
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WPS No. 2025 of 2015
“ 14 . In view of the afore-stated legal position, it clearly emerges that though the doctrine “equal pay for equal work” is not an abstract doctrine and is capable of being enforced in a Court of Law, the equal pay must be for equal work of equal value. The equation of posts and determination of pay scales is the primary function of the Executive and not of the Judiciary. The Courts therefore should not enter upon the task of job evaluation which is generally left to the expert bodies like the Pay Commissions which undertake rigorous exercise for job evaluation after taking into consideration several factors like the nature of work, the duties, accountability and responsibilities attached to the posts, the extent of powers conferred on the persons holding a particular post, the promotional avenues, the Statutory rules governing the conditions of service, the horizontal and vertical relativities with similar jobs etc. It may be true that the nature of work involved in two posts may sometimes appear to be more or less similar, however, if the classification of posts and determination of pay scale have reasonable nexus with the objective or purpose sought to be achieved, namely, the efficiency in the administration, the Pay Commissions would be justified in recommending and the State would be justified in prescribing different pay scales for the seemingly similar posts. A higher pay scale to avoid stagnation or resultant frustration for lack of promotional avenues or frustration due to longer duration of promotional avenues is also an acceptable reason for pay differentiation. It is also a well-accepted position
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WPS No. 2025 of 2015
that there could be more than one grade in a particular service. The classification of posts and the determination of pay structure, thus falls within the exclusive domain of the Executive, and the Courts or Tribunals cannot sit in appeal over the wisdom of the Executive in prescribing certain pay structure and grade in a particular service.
17 . The powers of judicial review in the matters involving financial implications are also very limited. The wisdom and advisability of the Courts in the matters concerning the finance, are ordinarily not amenable to judicial review unless a gross case of arbitrariness or unfairness is established by the aggrieved party.”
Sd/(Deepak Kumar Tiwari) Judge
Barve
1 issue framed by the court
Whether Higher Education Department Lab Technicians are entitled to pay parity with Technical Education Department Lab Technicians on the doctrine of equal pay for equal work.
Colour shows how this judgement treated each authority
Union of India & Ors. Vs. DGOF Employees Association and Anr.Distinguished¶7
Civil Appeal No.1663/2016, decided on 9th November, 2023
Union of India Vs. Indian Navy Civilian Design Officers Association and AnotherRelied on¶6
2023 SCC OnLine SC 173 · Who else cites this
S. B. Singh
Sanjay Kande
Balkhishna Sharma
Vishvajyoti Roy
P.S. Bhaskar
State Of Chhattisgarh Through Secretary Higher Education Department
Deepak Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
