Hira Nand vs Union Of India And Others on 22 September, 2017
Reference
was made to the Constitution Bench decision in P. Narasinga Rao (supra)
and decisions in Mewa Ram Kanojia versus All India Institute of Medical
Sciences and Others, (1989) 2 SCC 235 and V. Markendeya and Others
versus State of Andhra Pradesh and Others, (1989) 3 SCC 191 to hold that
it was open for the State to classify employees on the basis of qualifications,
duties, and responsibilities and if such classification has a reasonable nexus
with the object sought to be achieved, i.e., efficiency in administration, the
State would be justified in prescribing different pay scales. Unequals cannot
claim equality. Prayer for „equal pay for equal work‟ can be granted only if
it was demonstrated that the State has practised invidious discrimination by
prescribing two different pay scales for two different classes of employees
without reasonable classification. The onus was on the employee and the
principle of „equal pay for equal work‟ cannot be enforced in abstract.
Several other cases were referred to come to the conclusion that educational
qualification could be and constitute a valid classification for higher pay
scale, though it was the contention that all employees in the post were
performing same functions and duties. In such cases it was held that
doctrine of „equal pay for equal work‟ may not be invoked.