Indian Kanoon - Search engine for Indian Law

354. In all these cases this Court granted relief on the application of the doctrine of 'Equal Pay for Equal Work'.

While considering the question of application of prin- ciple of 'Equal Pay for Equal Work' it has to be borne in mind that it is open to the State to classify employees on the basis of qualifications, duties and responsibilities of the posts concerned. If the classification has reasonable nexus with the objective sought to be achieved, efficiency in the administration, the State would be justified in prescribing different pay scale but if the classification does not stand the test of reasonable nexus and the classification is rounded on unreal, and unreasonable basis it would be viola- tive of Articles 14 and 16 of the Constitution. Equality must be among the equals, Unequals cannot claim equality. In the writ petition, the petitioner claimed parity with the pay scale prescribed for Senior' Speech Therapist, Senior physiotherapist, Senior Occupational Therapist, Audiologist and Speech Pathologist but during the course of hearing Sri Gobind Mukhoty, learned counsel for the peti- tioner confined the petitioner's case for parity with 'Aud- iologist' only. He urged that the educational qualifica- tions, duties and functions of 'Hearing Therapist' and 'Audiologist' are similar, if not the same, and there is no reasonable justification for prescribing lower pay scale of pay to Hearing Therapist. A Hearing Therapist is required to treat the deaf and other patients suffering from hearing defects. His function is to help in rehabilitation of those whose hearing capacity is impaired. The Hearing Therapist's main function is to train the patient to facilitate maximum expressive and receptive communication skill. An 'Audiolo- gist' pertains to the science of hearing. His work is de- signed to coordinate the separate professional skills which contribute to study, treatment and rehabilitation of persons with impaired hearing. A person holding the post of Audiolo- gist is a specialist in the non-medical evaluation, habili- tation and rehabilitation of those who suffer from language and speech disorders. Generally, Hearing Therapist and Audiologist both perform duties and functions is helping rehabilitation of patients suffering from hearing disorders, their duties and functions appear to be similar, but the petitioner has not placed material before the Court to demonstrate that the duties and functions performed by Hearing Therapist is same or similar as that performed by an Audiologist. The petitioner has placed reliance on a certif- icate issued by the Head of Department of Otorhinolaryngolgy which enumerates duties, functions which the petitioner has been performing while working as Hearing Therapist. Accord- ing to this certificate the petitioner has been carrying out the following functions:

6. Integration of hearing handicapped with normal persons.

7. Integration of hearing loss children with normal hearing children.

8. Guidance to the teachers of normal schools where there is any hard of heating case is studying.

9. Writing of papers and books on the basis of personal experience and research.

10. Speech therapy to normal hearing persons as and when referred to them.

11. Referring the hearing handicapped children to special schools for the deaf and when a child is unable to study in a normal school.

Audiologist Qualifications Hearing Therapist Qualifications Essential Essential

1. A graduate in Science/ 1. A graduate in Science or Arts or Medicines, from Arts of a recognised Univer- a recognised University. sity in India or abroad.

2. Master's degree in Audiology 2. Trained teacher for the or Otolaryngology from a deaf, such as Certified recognised Institution/ Teacher for Deaf University (C.T.D .... Dip.)

3. Three years teaching/ 3. Teaching experience at a research experience in recognised school for the deaf the field of Audiology. in India for not less than three years.

Desirable

1. Ph.D. in Audiology from a recognised University.

2. Practical experience of working in a speech and Hearing Rehabilitation Centre.

3. Journalistic or literary activity in relation to Audiology.

A perusal of the above chart would show that different educational qualifications are prescribed for the two posts. For an Audiologist a Master's Degree in Otolaryngology or Audiology is an essential qualification but no such Master's Degree is prescribed for Hearing Therapist instead a diploma as Certified Teacher for Deaf is the essential qualification for the said post. A comparison of the qualifications pre- scribed for the two posts clearly indicates that higher qualification is prescribed for the post of Audiologist. There appears to be qualitative difference in the responsi- bilities of the two posts as an Audiologist possesses higher qualification. It is therefore manifest that on the basis of educational qualifications two posts cannot be equated. Even if the functions and duties of two posts are similar it is open to the State to prescribe different scales of pay on the basis of difference in educational qualifications. Different treatment to persons belonging to the same class is a permissible classification on the basis of educational qualifications.