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1 - 10 of 12 (1.98 seconds)P. Savita S/O Shri P.L. Savita vs Union Of India, Ministry Of Defence ... on 1 May, 1985
In P. Savita v. Union of lndia, the artificial division
of senior draftsmen in the Ministry of Defence Production
with unequal scales of pay for the same work was struck
down.
Article 226 in Constitution of India [Constitution]
Randhir Singh vs Union Of India & Ors on 22 February, 1982
In service matters,
merit or experience could be the proper basis for
classification to promote efficiency in administration. He
or she learns also by experience as much as by other means.
It cannot be denied that the quality of work performed by
persons of longer experience is superior than the work of
newcomers. Even in Randhir Singh 's case, this principle
has been recognised. O. Chinnappa Reddy, J. observed that
the classification of officers into two grades with
different scales of pay based either on academic
qualification or experience on length of service is
sustainable. Apart from that, higher pay scale to avoid stag
PG NO 304
nation or resultant frustration for lack of promotional
avenues is very common in career service. There is selection
grade for District Judges. There is senior time scale in
Indian Administrative Service. There is super time scale in
other like services. The entitlement to these higher pay
scales depends upon seniority-cum-merit or merit-cum-
seniority. The differentiation so made in the same cadre
will not amount to discrimination. The classification based
on experience is a reasonable classification. It has a
rational nexus with the object thereof. To hold otherwise,
it would be detrimental to the interest of the service
itself.
R.D. Gupta & Ors. Etc vs Lt. Governor. Delhi Admn, & Ors. Etc on 7 August, 1987
PG NO 303
The right to have equal pay for equal work was also
accepted-by this Court in R. D. Gupta and Others v. Lt.
Governor of Delhi, [1987] SCC 505; Bhagwan Dass and Others
v. State of Haryana, [1987] 4 SCC 634; National Museum Non-
Gazetted Employees Association and Anr. v. UOI, WP No. 1230
of 1987 disposed of dt. 10.2.1988; Jaipal and Ors. v. State
of Haryana, WP No. 455 and connected petitions of 1987 of DD
2.6.1988 and Y.K. Mehta v. UOI, WP No. 1239 of 1979 and
connected petitions DD 26.8.1988.
Bhagwan Dass And Others vs State Of Haryana & Ors on 31 July, 1987
PG NO 303
The right to have equal pay for equal work was also
accepted-by this Court in R. D. Gupta and Others v. Lt.
Governor of Delhi, [1987] SCC 505; Bhagwan Dass and Others
v. State of Haryana, [1987] 4 SCC 634; National Museum Non-
Gazetted Employees Association and Anr. v. UOI, WP No. 1230
of 1987 disposed of dt. 10.2.1988; Jaipal and Ors. v. State
of Haryana, WP No. 455 and connected petitions of 1987 of DD
2.6.1988 and Y.K. Mehta v. UOI, WP No. 1239 of 1979 and
connected petitions DD 26.8.1988.
Jaipal & Others vs State Of Haryana And Others on 2 June, 1988
PG NO 303
The right to have equal pay for equal work was also
accepted-by this Court in R. D. Gupta and Others v. Lt.
Governor of Delhi, [1987] SCC 505; Bhagwan Dass and Others
v. State of Haryana, [1987] 4 SCC 634; National Museum Non-
Gazetted Employees Association and Anr. v. UOI, WP No. 1230
of 1987 disposed of dt. 10.2.1988; Jaipal and Ors. v. State
of Haryana, WP No. 455 and connected petitions of 1987 of DD
2.6.1988 and Y.K. Mehta v. UOI, WP No. 1239 of 1979 and
connected petitions DD 26.8.1988.
Kesavananda Bharati Sripadagalvaru ... vs State Of Kerala And Anr on 24 April, 1973
Article 39(d) of the Constitution proclaims "equal pay
for equal work" . This article and other like provisions in
the Directive Principles are "conscience of our
Constitution." They are rooted in social justice. They were
intended to bring about a socio-economic transformation in
our society. As observed by Hegde and Mukherjee, JJ. in
Keshavananda Bharati v. State of Kerala, [1973] 4 SCC 225
at para 712: "The Constitution seeks to fulfil the basic
needs of the common man and to change the structure of
society." In the words of Shelat and Grover, JJ (at para
Article 16 in Constitution of India [Constitution]
P.K. Ramachandra Iyer & Ors vs Union Of India & Ors on 16 December, 1983
The principle enunciated in
Randhir Singh was followed in Ramachandra v. Union of India,
[1984] 2 SCC 141 and P. Savita v. Union of India, [ 1985]
Supp. I SCR 10l. In the former, the arbitrary differential
treatment in the pay scale accorded to some professors was
struck down. The petitioners therein were holding the posts
of Professors in the Indian Veterinary Research Institute
under the Indian Council of Medical Research. The pay scale
of professors underwent revision. The new recruits got the
benefit of revision of scales, but not the petitioner. He
was allowed to continue in the old scale. He challenged
that discrimination in this Court as being violative of the
right to have equal pay for equal work. This Court accepted
the contention and observed (page 163):