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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.
Supreme Court of India Cites 3 - Cited by 26 - H Gupta - Full Document

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:
Supreme Court of India Cites 8 - Cited by 850 - N P Singh - Full Document

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.
Supreme Court of India Cites 0 - Cited by 88 - M Katju - Full Document

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:
Uttarakhand High Court Cites 9 - Cited by 8 - N S Dhanik - Full Document
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