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1 - 10 of 28 (0.48 seconds)K. T. Veerappa & Ors vs State Of Karnataka & Ors on 12 April, 2006
to pay fixation and pay parity when they find such a decision to be
unreasonable, unjust and prejudicial to a section of employees and
taken in ignorance of material and relevant factors. [see K.T.
Veerappa & Ors. v. State of Karnataka & Ors. (2006) 9 SCC 406].
Union Of India & Ors vs Dineshan K.K on 4 January, 2008
and Another v. Sant Raj Singh and Others (2006) 9 SCC 82, Union of
India and Another v. Mahajabeen Akhtar (2008) 1 SCC 368, Union of
India v. Dineshan K.K (2008) 1 SCC 586, Union of India and Others
v. Hiranmoy Sen and Others (2008) 1 SCC 630, Official Liquidator v.
Dayanand and Others (2008) 10 SCC 1, U.P. SEB and Another v. Aziz
Ahmad (2009) 2 SCC 606 and State of M.P. and Others v. Ramesh
Chandra Bajpai (2009) 13 SCC 635)".
Article 226 in Constitution of India [Constitution]
Article 16 in Constitution of India [Constitution]
Indian Overseas Bank vs I.O.B. Staff Canteen Workers Union & Anr on 11 April, 2000
SCC 191] and Indian
Overseas Bank v. I.O.B. Staff Canteen Workers' Union [(2000) 4 SCC
245]. However, so long as the posts do exist and are manned, there
appears to be no justification for granting the respondents a scale of
pay lower than that sanctioned for those employees who are brought
on deputation. In fact, the sequence of events, discussed above,
clearly shows that the employees of the Corporation have been
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treated at par with those in Government at the time of revision of
.
State Of Haryaka And Anr vs Haryana Civil Secretariat Personal ... on 10 July, 2002
In support of this contention, he has
placed reliance in the case of State of Haryana and Anr. v. Haryana Civil
Secretariat Personal Staff Association (2002) 6 SCC 72 and Union of India
and Anr. v. S.B. Vohra and Ors. (2004) 2 SCC 150.
Randhir Singh vs Union Of India & Ors on 22 February, 1982
In Randhir Singh Vs. Union of India & Ors. , a
bench of three learned Judges of this Court had observed that
principle of equal pay for equal work is not a mere demagogic slogan
but a constitutional goal, capable of being attained through
constitutional remedies and held that this principle had to be read
under Article 14 and 16 of the Constitution. This decision was
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affirmed by a Constitution Bench of this Court in D.S. Nakara & Ors.
Secretary, Finance Department And Ors vs West Bengal Registration Service ... on 20 February, 1992
13. Initially, particularly in the early eighties, the said principle was
being applied as an absolute rule but realizing its cascading effect on
other cadres, in subsequent decisions of this Court, a note of caution
was sounded that the principle of equal pay for equal work had no
mathematical application in every case of similar work. It has been
observed that equation of posts and equation of pay structure being
complex matters are generally left to the Executive and expert bodies
like the Pay Commission etc. It has been emphasized that a carefully
evolved pay structure ought not to be ordinarily disturbed by the
Court as it may upset the balance and cause avoidable ripples in
other cadres as well. (Vide: Secretary, Finance Department & Ors. Vs.
West Bengal Registration Service Association & Ors. and State of
Haryana & Anr. Vs. Haryana Civil Secretariat Personal Staff
Association. Nevertheless, it will not be correct to lay down as an
absolute rule that merely because determination and granting of pay
scales is the prerogative of the Executive, the Court has no
jurisdiction to examine any pay structure and an aggrieved employee
has no remedy if he is unjustly treated by arbitrary State action or
inaction, except to go on knocking at the doors of the Executive or
the Legislature, as is sought to be canvassed on behalf of the
appellants. Undoubtedly, when there is no dispute with regard to the
qualifications, duties and responsibilities of the persons holding
identical posts or ranks but they are treated differently merely
because they belong to different departments or the basis for
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classification of posts is ex-facie irrational, arbitrary or unjust, it is
.
Punjab State Power Corporation Ltd. vs Rajesh Kumar Jindal on 8 January, 2019
18. It is not in dispute that for considering the equation of posts
and the issue of equivalence of posts, some factors had been held to be
determinative i.e. (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. The burden of proof in establishing parity in pay scales
and the nature of duties and responsibilities is on the person claiming such
right. In case, the person claiming parity succeeds in establishing the he is
similarly situate to the person, who has been granted higher pay scale, by
placing on record material before the court to prove the nature of duties
and functions are similar and that they are entitled to parity of pay scales,
court would be justified in considering the claim of an employee on the
basis of principle of "equal pay for equal work". Reliance in this regard is
placed upon judgment passed by the Hon'ble Apex Court in Punjab State
Power Corporation Ltd v. Rajesh Kumar Jindal, (2019) 3 SCC 547,
wherein it has been held that it is the duty of an employee seeking parity of
pay under Article 39(d) of the Constitution of India to prove and establish
that he had been discriminated as the question of parity has to be decided
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on consideration of various factors as well as statutory rules etc. i.e. (i)
.