Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Grant of pay-scales Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law – Grant of pay-scales – Autonomous body vis-à- vis State Government – Claim for parity – Appellants worked as daily rated employees with the Respondent-Board – Respondent adopted a Resolution in 1988 (the Parent Resolution) passed by State Government granting benefits to the skilled daily wager workmen – Appellants were accordingly granted pay scale of Rs.750 and other benefits flowing from the said Resolution – Subsequent Resolutions issued by State Government in 1991 and 1992 modified the Parent Resolution, granting pay scale of Rs.950-1500 to a class of daily wagers as specified therein – Appellants claimed entitlement to the aforesaid pay scale – Writ petition allowed by Single Judge – Order set aside by Division Bench – On appeal, held: Board never adopted the subsequent Resolutions – Appellants working with the respondent, an autonomous body cannot claim parity with the employees of the State Government – State Government and the autonomous bodies cannot be put at par – Appellants cannot claim the benefits flowing from the subsequent Government Resolutions as a matter of right – Further, benefits under the subsequent resolutions were mistakenly given by some of the zonal offices, which subsequently came to be withdrawn and recovery was also sought – Appellants cannot claim parity with such other daily rated employees by invoking Article 14 if they otherwise are not entitled to such benefit – Constitution of India – Article 14 – Principle of equal pay for equal workService Law – Fixation of wage/pay-scale – Held: Economic viability or the financial capacity of the employer is an important factor while fixing the wage structure – Employees cannot claim that their pay-scales should necessarily be revised and/or they must be granted certain additional benefits/benefits – Granting of payparity by Courts may result in a cascading effect having adverse consequences. Constitution of India – Article 14 – Principle of positive equality – Held: Article 14 embodies concept of positive equality alone and not negative equality – It cannot be relied upon to perpetuate illegality and irregularity. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2021 INSC 917 |
Petitioner | Rajesh Pravinchandra Rajyaguru |
Respondent | Gujarat Water Supply & Sewerage Board And Ors. |
SCR | [2021] S.C.R. 846 |
Judgement Date | 2021-12-17 |
Case Number | 7578 |
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