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Question of violation of Article 14 of the Constitution of India on the part of the State would arise only if the persons are similarly placed. Equality clause contained in Article 14, in other words, will have no application where the persons are not similarly situated or when there is a valid classification based on a reasonable differentia. Doctrine of equal pay for equal work, therefore, is not attracted in the instant case.
There is nothing on record to show that the duties and functions of two categories of employment are at par, and, thus, parity in pay-scales is not permissible.
The very fact that from the very beginning two different pay scales were being maintained is itself suggestive of the fact that the duties and functions are also different. In fact it is not disputed that the two post of Sub-Assistant Engineer is a higher post.
In Chairman-cum-Managing Director, National Textiles Corporation Ltd. and Ors. v. N.T.C. (WBAB & O) Ltd. Employees Union and Ors., (2003) 8 SCALE 613 this Court held:
"In view of the fact that the nature of duties of the staff in the two categories has been found to be not at part, parity in pay scales may not be possible.