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13. Observing that granting parity in pay scales depends upon the comparative evaluation of job and equation of posts, this Court, in SAIL, held as under:-

“30. ……….. the law on the issue can be summarised to the effect that parity of pay can be claimed by invoking the provisions of Articles 14 and 39(d) of the Constitution of India by establishing that the eligibility, mode of selection/recruitment, nature and quality of work and duties and effort, reliability, confidentiality, dexterity, functional need and responsibilities and status of both the posts are identical. The functions may be the same but the skills and responsibilities may be really and substantially different. The other post may not require any higher qualification, seniority or other like factors. Granting parity in pay scales depends upon the comparative evaluation of job and equation of posts. The person claiming parity, must plead necessary averments and prove that all things are equal between the posts concerned. Such a complex issue cannot be adjudicated by evaluating the affidavits filed by the parties.”

21. Burden of establishing parity in pay scale and employment is on the person claiming such right. There were neither pleadings nor any material produced by the respondents to prove that the nature of work performed by the Sub Fire Officers is similar with that of the Head Clerks and the Internal Auditors to claim parity of pay scale. As pointed out earlier, the burden lies upon the party who claims parity of pay scale to prove similarity in duties and responsibilities. In the writ petition, respondents have only claimed parity of pay scale with those of the employees working under the Punjab Government which was not accepted by the learned Single Judge. Determination of parity or disparity in duties and responsibilities is a complex issue and the same should be left to the expert body. When the expert body considered revision of pay for various posts, it did not revise the pay scale of Sub Fire Officers. When the expert body has taken such a view, it is not for the courts to substitute its views and interfere with the same and take a different view.

22. As pointed out earlier, though the Head Clerks, Head Clerk- cum-Divisional Accountants and Internal Auditors were earlier placed in the same group viz. Group XII; but educational qualifications requisite for these posts and mode of recruitment are different. Likewise, there is no similarity in the work performed by the employees on those posts. Only in cases of complete similarity in the nature of work, duties, responsibilities and promotional channels, parity of pay scale can be claimed. Merely on the ground that Sub Fire Officers are categorised in Group XII along with Head Clerks, Head Clerk-cum-Divisional Accountants and Internal Auditors cannot be a ground for seeking parity of pay scale. As submitted by the learned Senior counsel for the appellant-Board, the nature of work, duties, responsibilities and initial qualification for recruitment of each post are entirely different as all these posts belong to different cadre.

23. That apart, though in the year 1988 there were only four posts in Group XII, number of several posts have been subsequently included. Vide Finance Circular No.44/89 dated 15.06.1989, seven more posts were added in Group XII. Thereafter, vide Finance Circular No.45/89 dated 26.06.1989, there was a further increase of seven posts in Group XII. The fourteen posts which were added to Group XII are:- Punjabi Teacher, Drawing Teacher, Hindi Teacher, D.P.Ed. Teacher, Master/Mistress, Science Teacher, Security Inspector, Modeller Divisional Head Draftsman, Prosecuting Inspector (now Law Officer), Law Officer Grade II, Medical Assistant, Librarian and Fire Officer, etc. At the time of the issuance of order dated 03.10.1990 revising the scale of pay of Head Clerks, Head Clerk- cum-Divisional Accountants, Internal Auditors etc., there were various posts included in Group XII. For all these posts, source and mode of recruitment, qualifications and nature of work are entirely different. If the contention of the Sub Fire Officers for parity of pay scale with pay scale of Head Clerks, Head Clerk-cum-Divisional Accountants and Internal Auditors is accepted, such parity of scale of pay may have to be extended to all other posts in Group XII which would involve huge financial repercussion on the finance of the Board which is a service- oriented institution. The High Court, in our view, erred in not keeping in view the financial consequences of the direction to give parity of pay scale to the Sub Fire Officers. As held in Union of India and Another v. Manik Lal Banerjee (2006) 9 SCC 643, “it is now a well settled principle of law that financial implication is a relevant factor for accepting the revision of pay.”