Union Of India & Anr vs P.K. Roy & Ors on 9 November, 1967
In the said judgment, this Court accepted the factors laid
down by the Committee of Chief Secretaries which was
constituted for settling the disputes regarding equation of posts
arising out of the States Reorganisation Act, 1956. These four
factors are : (i) the nature and duties of a post, (ii) the
responsibilities and powers exercised by the officer holding a
post; the extent of territorial or other charge held or
responsibilities discharged; (iii) the minimum qualifications, if
any, prescribed for recruitment to the post; and (iv) the salary of
the post. It is seen that the salary of a post for the purpose of
finding out the equivalency of posts is the last of the criterion. If
the earlier three criteria mentioned above are fulfilled then the
fact that the salaries of the two posts are different, would not in
any way make the post `not equivalent'. In the instant case, it is
not the case of the respondents that the first three criteria
mentioned hereinabove are in any manner different between the
two posts concerned. Therefore, it should be held that the view
taken by the tribunal in the impugned order that the two posts of
Sub-Inspector in the BSF and the Sub-Inspector (Executive) in
Delhi Police are not equivalent merely on the ground that the two
posts did not carry the same pay-scale, is necessarily to be
rejected.