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1 - 8 of 8 (0.23 seconds)The State Of Bihar vs The Bihar Secondary Teachers Struggle ... on 10 May, 2019
"96. Analysis of the decisions referred to above shows that this
Court has accepted following limitations or qualifications to the
applicability of the doctrine of 'equal pay for equal work':-
State Of Madhya Pradesh vs R.D. Sharma on 27 January, 2022
In a recent
judgment, State of Madhya Pradesh v. R.D. Sharma, 2022 (13) SCC
320, it has been held by the Hon'ble Apex Court that the consistent view
of the Court was that the equation of posts and determination of pay
scales is primary function of the executive and not the judiciary.
Therefore, ordinarily Courts will not enter upon the task of job evaluation
which is generally left to the expert bodies like the pay commissions.
Such job evaluation exercise may include various factors including the
relevant dates and scales for evaluating performance of different groups
of employees and such evaluation would be both difficult and time
consuming, apart from carrying financial implications. Therefore, it is
more prudent to give such task of equation of posts and determination of
pay scales to an expert body unless there is cogent material on record to
come to a firm conclusion that a grave error has crept in while fixing the
pay scale of a given post and Court's interference was absolutely
necessary to do such injustice.
State Of Haryaka And Anr vs Haryana Civil Secretariat Personal ... on 10 July, 2002
In State of Haryana v. Haryana Civil Secretariat Personal
Staff Association, 2002 (6) SCC 72, it has been held that "equal pay for
equal work" is not a fundamental right vested in an employee though it is
a constitutional goal to be achieved by the government.
State Of West Bengal & Anr vs West Bengal Minimum Wages ... on 15 March, 2010
In other
words, parity is primarily claimed on the basis of previous equal pay and
not on the basis of equal pay for equal work which was not permitted in
State of West Bengal (supra).
Secretary, Finance Department And Ors vs West Bengal Registration Service ... on 20 February, 1992
In The Secretary, Finance Department v. West Bengal
Registration Service Association, AIR 1992 SC 1203, way back in 1993,
it was held as under :
Union Of India vs Indian Navy Civilian Design Officers ... on 22 February, 2023
In Union of India V. Indian Navy Civilian Design Officers
Association, 2023 SCC Online SC 173, the settled position is reiterated.
Relevant extract reads as follows :
Harsaran Singh Maini vs State Of J&K And Others on 21 February, 2022
5. Furthermore, the Single Bench referred to the decisions
relied on by the petitioners in Kirpal Jeet v. The State of Punjab and
another 1987 (4) SLR 594 which relied on Harsaran Singh v. The State
of Punjab and others 1984 (2) SLR 384 and observed that at one point of
time the Courts were issuing directions to the State to grant same pay
scale in the event the same was previously granted to two different posts,
however, the recent judgments of the Hon'ble Supreme Court of India in
State of Bihar and others v. The Bihar Secondary Teachers Struggle
Committee, Munger and others 2019 (18) SCC 301, laid down the law
succinctly which was a binding precedent under Article 141 of the
Constitution of India.
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