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1 - 10 of 12 (0.92 seconds)Article 14 in Constitution of India [Constitution]
Director Of Elementary Education, ... vs Sri Pramod Kumar Sahoo on 26 September, 2019
IV. In regard to the applicants' contention of equal pay equal work, the
said concept should not be applied in a mechanical manner. Classification
based on educational qualification as per the RR is valid as held by the
constitution bench of the Hon'ble Apex Court in P. Narasinga Rao [AIR
Page 6 of 12
OA No.396/2015
1968 SC 349: (1968) 1 SCR 407]. Assuming though not admitting, that the
nature of work of lab technicians in different Ministries may be more or
less the same as claimed by the applicants, but the academic qualification
makes the essential difference in regard to pay. We take support of the
Hon'ble Supreme Court observations in Director of Elementary
Education, Odisha & Ors vs Sri Pramod Kumar Sahoo on 26th
September, 2019 in Civil Appeal No. 7577 of 2019 (Arising out of SLP
(Civil) No. 23279 of 2019), as under, in stating the above.
Shyam Babu Verma vs Union Of India on 8 February, 1994
12) The Trained Matric Teacher is the one who has been trained
for the purposes of teaching. In the absence of such training, the
respondent cannot be said to be a Trained Matric Teacher
entitled to the pay scale meant for such teachers. The
classification based upon educational qualification for grant of
higher pay scale to a trained person or a person possessing
higher qualification is a valid classification. It has been so held
in Shyam Babu Verma & Ors. v. Union of India & Ors. (1994) 2
SCC 521, wherein this Court held as under:
M.P. Rural Agriculture Extension ... vs State Of M.P. And Anr on 5 April, 2004
13) The said decision has been quoted by another Bench of this
Court in M.P. Rural Agriculture Extension Officers Association
v. State of M.P. & Anr.4, wherein this Court held as under:
Union Of India & Ors vs Hiranmoy Sen & Ors on 12 October, 2007
Further historical parity in pay scales is no ground to seek parity in
pay scales between the medical staff and the Lab Technicians. For granting
equal pay for equal work there has to be complete and whole sale identity
between two groups that are to be compared. The applicants have not
brought out any details with documentary evidence that their work is
similar to that of the Railway Lab Technicians or of the scientific staff/
medical staff as asserted by them. We rely on the observation of the
Hon'ble Supreme Court in Union Of India & Ors vs Hiranmoy Sen &
Ors on 12th October, 2007 in Appeal (Civil) No.7232 of 2003, as under, to
state what we did.
Union Of India & Ors vs Dineshan K.K on 4 January, 2008
a. Union of India v. Dineshan K.K.,(2008) 1 SCC 586, wherein the
Apex Court has held as under:
Government Of West Bengal vs Tarun K. Roy And Ors on 18 November, 2003
"In Government of W.B v. Tarun K Roy, (2004) 1 SCC 347, a
three-Judge Bench of this Court, noticing several other
decisions opined that parity in the pay cannot be claimed
when the educational qualification is different."
Prakash Chand Ramola vs State Of Uttarakhand And Others on 3 April, 2019
V. We also gone through the OM dated 1.8.2012 of the Ministry of
Finance enclosed by the applicants, relating to increase of grade pay for
official language staff of the Railways where in 6 conditions have been laid
to grant higher grade pay of Rs.4200 in PB -2 including postgraduate
degree at entry grade. The OM in no way can be applied to the case of the
applicants in view of the vast difference in nature of work, qualifications
etc and hence would not be of any help to the applicants. Moreover,
equation of posts and equation of pays is not within the purview of the
Tribunal. Applicants claim that the condition of educational qualification
should not be applied to them is not maintainable since the respondents
have to follow the rules ie RR -2005. Ministry of Defence has issued
instructions vide letter dated 15.10.2014, as a matter of policy to enhance
the grade pay to Rs.4200 provided conditions specified in RR - 2005 are
adhered to. In matters of policy there is very little scope for the Tribunal to
interfere as observed by Hon'ble Uttarakhand High Court in Prakash
Chandra vs State Of Uttarakhand And Others on 10 October, 2019 in
Writ Petition (S/B) No. 467 of 2019 and in regard to rules, Hon'ble
Supreme Court has emphasized that rules are to be abided by, in the
following judgments: