42.7. Persons performing the same or similar functions,
duties and responsibilities, can also be placed in different
pay scales. Such as -- "selection grade", in the same
post. But this difference must emerge out of a legitimate
foundation, such as -- merit, or seniority, or some other
relevant criteria (see State of U.P. v. J.P.
Chaurasia [State of U.P. v. J.P. Chaurasia, (1989) 1 SCC
121 : 1989 SCC (L&S) 71] ).
42.7. Persons performing the same or similar functions,
duties and responsibilities, can also be placed in different
pay scales. Such as -- "selection grade", in the same
post. But this difference must emerge out of a legitimate
foundation, such as -- merit, or seniority, or some other
relevant criteria (see State of U.P. v. J.P.
Chaurasia [State of U.P. v. J.P. Chaurasia, (1989) 1 SCC
121 : 1989 SCC (L&S) 71] ).
42.7. Persons performing the same or similar functions,
duties and responsibilities, can also be placed in different
pay scales. Such as -- "selection grade", in the same
post. But this difference must emerge out of a legitimate
foundation, such as -- merit, or seniority, or some other
relevant criteria (see State of U.P. v. J.P.
Chaurasia [State of U.P. v. J.P. Chaurasia, (1989) 1 SCC
121 : 1989 SCC (L&S) 71] ).
C/SCA/9823/2020 CAV JUDGMENT DATED: 18/02/2022
42.7 Persons performing the same or similar functions,
duties and responsibilities, can also be placed in different
pay-scales. Such as - 'selection grade', in the same post. But
this difference must emerge out of a legitimate foundation,
such as - merit, or seniority, or some other relevant criteria
(see - State of U.P. v. J.P. Chaurasia).
In Chaurasia case the question arose whether it was
permissible to have two different pay scales in the same cadre of Bench
Secretaries of the Allahabad High Court who were for all practical
purposes performing similar duties and having same responsibilities. The
Court held that the principle of "equal pay for equal work" has no
mechanical application in every case of similar work. Article 14 permits
reasonable classification founded on rational basis. It is, therefore, not
impermissible to provide two different pay scales in the same cadre on
the basis of selection based on merit with due regard to experience and
seniority. It was pointed out that in service, merit or experience could be
the proper basis for classification to promote efficiency in administration
and he or she learns also by experience as much as by other means. Apart
from that, the Court has expressly observed that the higher pay scale to
avoid stagnation or resultant frustration for lack of promotional avenues
may also be allowed.
44.9 In the Uttar Pradesh Land Development Corporation case : (2010) 7 SCC 739 this Court noticed, that the Respondents were employed on contract basis, on a consolidated salary. But, because they were actually appointed to perform the work of the post of Assistant Engineer, this Court directed the employer to pay the Respondents wages, in the minimum of the pay-scales ascribed for the post of Assistant Engineer."
J.P. Chaurasia (supra) related to question of
pay-scales of Bench Secretaries and Section Officers in the Allahabad High
Court. It was observed that Bench Secretaries may be doing the same work,
but their quality of work may differ and therefore, the classification made
under the Rules cannot be held to be violative of "equal pay for equal
work". This was notwithstanding the fact that subsequently the State
Government had granted equal pay-scale to both posts.