State Of U.P. & Ors vs J.P. Chaurasia & Ors on 27 September, 1988
16. State of U.P. and Ors. v. J.P. Chaurasia and Ors. (Supra) on which reliance has been placed by Shri Mahajan', deals with the question as to equation of duties and responsibilities for applying the principle of 'equl pay for equal work'. Therein this Court has held that the matter of equation of posts for the purpose of equation of pay must be left to the executive and must be determined by expert bodies like Pay Commission and that if there is such a determination by a Commission or Committee the Court should normally accept it. The principle laid down in the said decision was reiterated in the other decisions relied upon by Shri Mahajan. Here we are not concerned with equation of posts because the posts falling in the above-mentioned four categories of employees in the respondent-corporation as well as the Cotton Corporation of India are of the same level and employees working on these posts were having the same pay-scales in 1970. There is nothing on the record to show that after 1970 there has been any change in the duties and functions of the persons holding these posts in the two corporations which may justify fixation of different pay-scales I for these posts in the two corporations. The pay-scales of the petitioners as revised by order dated April 25, 1986, cannot, therefore, be upheld. The respondents Nos. 1 and 3 should so revise the pay-scales of the petitioners as to be at par with pay-scales enjoyed by the employees falling in the same category in the Cotton Corporation of India on the date from which the said revised pay-scales are to be applied. Under order dated April 25, 1986, the revision of the pay-scales of the petitioners has been made with effect from August 1, 1983 and is valid upto July 31, 1987. The revision in the pay-scales of the petitioners should be made keeping in view the pay-scales and allowances enjoyed by the employees falling in the same category in the Cotton Corporation of India on August 1, 1983 and such revision may be made operative upto July 31, 1987, as provided in the order dated April 25, 1986.