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1 - 10 of 17 (0.48 seconds)Article 16 in Constitution of India [Constitution]
Article 226 in Constitution of India [Constitution]
State Of West Bengal & Anr vs West Bengal Minimum Wages ... on 15 March, 2010
250. The issue before the Apex Court in case of State of
West Bengal (supra) was pay parity sought by employees
holding the post of Inspector Agricultural Minimum
Wages (for short Inspector-AMW) with those holding the
posts of Inspector (Co-operative Societies), Extension
Officers (Panchayat) and Revenue Officers. The case set
up on behalf of Inspectors-AMWs while seeking pay parity
with the reference posts was that they had enjoyed pay
parity with the reference posts all through and such parity
had subsequently been broken. Apparently, the State of
West Bengal had appointed a Pay Review Committee to
consider the representations submitted by Inspector AMW
and the Pay Review Committee made a recommendation
in their favour and for establishing and restoring pay
parity with the reference posts. The State of West Bengal
however decided not to accept the recommendations of the
Pay Review Committee. The matter having been agitated,
a Division Bench of the Calcutta High Court allowed the
claim of the Inspectors-AMWs and directed as follows:-
Punjab State Power Corporation Ltd. vs Rajesh Kumar Jindal on 8 January, 2019
The Hon'ble Supreme Court in "Punjab State Power
Corporation Limited vs Rajesh Kumar and others",
2019(1) SCT 536, while considering the similar question
with regard to the parity in pay-scales of the posts of Head
Clerks with that of Internal Auditors in Punjab State
Electricity Board has held as under:-
Kshetriya Kisan Gramin Bank vs D.B. Sharma And Ors on 15 November, 2000
In Kshetriya Kisan Gramin Bank v.
D.B. Sharma and Others (2001) 1 SCC 353, this
Court held as under:-
State Of U.P. & Ors vs J.P. Chaurasia & Ors on 27 September, 1988
In State of
U.P. and Others v. J.P. Chaurasia and
Others (1989) 1 SCC 121, this Court
unequivocally held that in the matter of
equation of posts or equation of pay, the same
should be left to the Executive Government,
who can get it determined by expert bodies
like the Pay Commission, and such expert
body would be the best judge to evaluate the
nature of duties and responsibilities of the
posts and when such determination by a
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commission or committee is made, the court
should normally accept it and should not try
to tinker with such equivalence unless it is
shown that it was made with extraneous
consideration...."
S.C.Chandra & Ors vs State Of Jharkhand & Ors on 21 August, 2007
In S.C. Chandra and Others v. State of
Jharkhand and Others (2007) 8 SCC 279, this
Court held as under:-
Indian Drugs & Pharmaceuticals Ltd vs Workman, Indian Drugs & ... on 16 November, 2006
"33. It may be mentioned that granting pay
scales is a purely executive function and
hence the court should not interfere with the
same. It may have a cascading effect creating
all kinds of problems for the Government and
authorities. Hence, the court should exercise
judicial restraint and not interfere in such
executive function vide Indian Drugs &
Pharmaceuticals Ltd. v. Workmen, Indian
Drugs & Pharmaceuticals Ltd. (2007) 1 SCC
408.
..........
Government Of West Bengal vs Tarun K. Roy And Ors on 18 November, 2003
36. It is well settled by the Supreme Court
that only because the nature of work is the
same, irrespective of educational
qualification, mode of appointment,
experience and other relevant factors, the
principle of equal pay for equal work cannot
apply vide Govt. of W.B. v. Tarun K. Roy
and Others (2004) 1 SCC 347."