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1 - 10 of 37 (0.29 seconds)State Of M.P.& Ors vs Ramesh Chandra Bajpai on 28 July, 2009
In State of Madhya Pradesh and Ors. Vs. Ramesh Chandra Bajpai, 2009(13) SCC 635, the Court said that doctrine of equal pay for equal work can be invoked only when the employees are similarly situated and that similarity of the designation or nature or quantum of work is not determinative of equality in the matter of pay scales and that the Court has to consider several factors and only when there was wholesale identity between the holders of two posts, equality clause can be invoked and not otherwise.
Secretary, Finance Department And Ors vs West Bengal Registration Service ... on 20 February, 1992
In Secretary, Finance Department and others Vs. West Bengal Registration Service Association and others, AIR 1992 SC 1203 the Court held that equation of posts and determination of pay scales is the primary function of the executive and not the judiciary and, therefore, ordinarily Courts will not enter upon the task of job evaluation which is generally left to expert bodies like the Pay Commissions, etc. It does not mean that the Court has no jurisdiction and the aggrieved employees have no remedy if they are unjustly treated by arbitrary State action or inaction. Courts must, however, realise that job evaluation is both a difficult and time consuming task which even expert bodies having the assistance of staff with requisite expertise have found difficult to undertake, sometimes on account of want of relevant data and scales for evaluating performance of different groups of employees. This would call for a constant study of the external comparisons and internal relativities on account of the changing nature of job requirements. Some of the factors which have to be kept in view for job evaluation may include (i) the work programme of his department, (ii) the nature of contribution expected of him (iii) the extent of his responsibility and accountability in the discharge of his diverse duties and functions, (iv) the extent and nature of freedoms/limitations available or imposed on him in the discharge of his duties, (v) the extent of powers vested in him, (vi) the extent of his dependence on superiors for the exercise of his powers,, (vii) the need to coordinate with other departments, etc.
State Of Punjab & Anr vs Surjit Singh & Ors on 4 August, 2009
In State of Punjab Vs. Surjit Singh (2009) 9 SCC 514, the Court said that Article 14 permits reasonable classification based on qualities or characteristics of persons recruited and grouped together, as against those, who are left out, of course, qualities or characteristics must have a reasonable relation to the object sought to be achieved. In service matters, merit or experience can be a proper basis for classification for the purposes of pay. A mere nomenclature designating a person say a carpenter or a craftsman is not enough to come to the conclusion that he is doing the same work as another carpenter or craftsman in regular service. The quality of work which is produced may be different and even the nature of work assigned may be different. It is not just a comparison of physical activity. The application of the principle of 'equal pay for equal work' requires consideration of various dimensions of a given job. The accuracy required and the dexterity that the job may entail may differ from job to job. It cannot be judged by the mere volume of work. There may be qualitative difference as regards reliability and responsibility. Functions may be the same but the responsibilities make a difference. A party who claims equal pay for equal work has to make necessary averments and prove that all things are equal.
Jaghnath vs Union Of India And Anr on 1 November, 1991
In Jaghnath v. Union of India and Anr., AIR 1992 SC 126, the Court, following its earlier judgments observed:
State Of Madhya Pradesh And Another vs Pramod Bhartiya And Others on 8 October, 1992
In State of Madhya Pradesh and Anr. v. Pramod Bhartiya and Ors. (1993) 1 SCC 539, the Court held as under-
Shyam Babu Verma vs Union Of India on 8 February, 1994
In Shyam Babu Verma and Ors. v. Union of India and Ors. (1994) 2 SCC 521, Court observed :
Sher Singh & Ors vs Union Of India & Ors on 16 October, 1995
In Sher Singh and Ors. v. Union of India and Ors. (1995)6 SCC 515, the Court rejected the claim of Library staff of Delhi University and its constituent colleges regarding parity in pay with the teaching staff on the ground that the nature of duties, work load, experience and responsibilities of the two sets of employees in question are totally different from each other.
Union Of India & Ors. Etc vs Delhi Judicial Service Assn. & Anr on 23 February, 1995
In Union of India and Ors. v. Delhi Judicial Service Assn. and Anr. JT 1995 (2) SC 578, the Court, reversing the judgment of High Court which allowed same scale of pay to all officers of Higher Judicial Services, held :
Sita Devi And Others,Etc. Etc vs State Of Haryana & Ors on 23 August, 1996
In Sita Devi and Ors. v. State of Haryana and Ors. JT 1996 (7 SC 438, the Court upheld different pay scales on the basis of qualification, relying on its earlier judgments in The State of Mysore and Anr. v. P. Narasinga Rao, AIR 1968 SC 349; State of Jammu and Kashmir v. Triloki Nath Khosa, AIR 1974 SC 1 and P. Murugesan and Ors. v. State of Tamil Nadu, 1993 (2) SCC 340.