qualification
and work, viz., Engineering Instructions and Vocational Instructors, as
unequals in pay alone is in violation of Articles ... said government order and, therefore, the Vocational
Instructors cannot claim parity of pay scale with Engineering
Instructors, which is a vanishing category and whose mode
Supreme Court held that teachers are entitled for
parity in pay scales in different educational institutes. It was also
held that the difference in educational ... itself effaced this difference while revising the
pay scales of its employees on the recommendation of the Pay Commission.
The Tribunal, in this case
arose was with regard to the non implementation of the pay scales recommended by the Pay Commission for the employees of non-teaching staffs of University ... whether the Radio Mechanics in Assam Rifles were entitled to parity in pay scale with other Central Para Military Force (CPMF). In the said case
revise the
petitioner's salary with scale of pay as Rs.9300-34800+4450 on parity with
the similarly placed staff nurses working under ... revise the petitioner's salary with scale of pay
as Rs.9300-34800+4450 on parity with the similarly placed staff nurses
working under
service benefits or
pay revision.
5. The learned Additional Government Pleader further contends that pay
structure and grade pay fixation are determined based on recommendations ... recognised body, cannot espouse
individual service claims or seek parity in pay scales on behalf of its members. In
the absence of a recognised legal
pay scale cannot be different for the same post and relies upon the
Judgments of the Supreme Court and claim for entitlement for pay parity ... pay scale of pay on the ground
that nomenclature of the two posts are one and the same. Fixation of pay and
determination of parity
Justice A.K. Mathur, has observed:
"17. Fixation of pay scale is a delicate which requires various considerations including financial capacity, responsibility, educational qualification ... ordinarily not expected to interfere in such matters relating to parity of pay scale unless the decision of the competent authority appears to be arbitrary
existed as
to the scales of pay during the 2nd Pay Commission to 4th Pay Commission,
however, in the 5th Pay Commission, the said anomaly ... also Allopathy System of Medicine were provided with identical
scales of pay. Therefore, parity in the scales of pay has been set right
fact that post of Lab Assistant carried a lower scale
of pay.
3.1 He further submitted that the persons in services other than
the Tamilnadu ... promotion to the post
of Junior Assistant notwithstanding the parity of pay scales as applicable
to both the posts in order to subserve the spirit
respective service, would still be in a category carrying scale of pay
lower than that of Junior Assistant or Junior Assistant cum Typist ... promotion to the post
of Junior Assistant notwithstanding the parity of pay scales as applicable
to both the posts in order to subserve the spirit
