Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Pay Scale-Revision |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law:Pay Scale - Revision in - Research Assistant working in Bureau of Promotion of Urdu Language (BPU) in pay scale of Rs.1640-2900 - NCPUL constituted in place of BPU - Option given to employees of BPU to either get transferred to NCPUL or continue to work in Government Department - Respondent opted to stay in Government service as surplus - Deployed as Librarian - Application for upgradation of pay scale - Allowed by Tribunal on the ground that Research Assistant in BUP and Institutions like CHD, CIIL are similarly qualified and performing similar functions - Affirmed by High Court - On appeal, held: Doctrine of equal pay for equal work not applicable as essential educational qualifications and nature of duties of incumbent in other departments are different - As Union of India has already applied its mind and revised respondent's pay, it was for respondent to show that she had been discriminated against - Neither in fact nor in law, any case of discrimination has been made out - Hence, in the facts and circumstances of the case, no relief granted to appellant - However, in exercise of jurisdiction under Article 142, amount already paid to respondent not to be recovered - Pay Scale - Fixation of - Determining factors - Stated - Constitution of India, 1950 - Articles 14, 39(d), 142 - Doctrine of equal pay for equal work.The Respondent was appointed as Technical Assistant of Urdu Language in the Bureau of Promotion of Urdu Language (BPU). She was promoted as Research Assistant in the pay scale of Rs.550-900. The said pay scale was revised to Rs.1640-2900 on the recommendations of the Fourth Pay Revision Commission. The Central Government constituted National Council for Promotion of Urdu Language (NCPUL) in place of the BPU. NCPUL started functioning from 1.4.1996. Employees of the BPU were given an option either to continue to work in the Government Department or get themselves transferred to NCPUL. Respondent opted for Government service. Her name was, therefore, referred to surplus cell for redeployment. She was redeployed as Librarian in National Gallery of Modern Art and designated as Assistant Librarian and Information Assistant. Her pay was upgraded in the scale of Rs.6500-10500. Indisputably, the scale of pay of Rs.1640-2900 was revised to Rs. 5500-9000. Consequent upon the recommendations of the Fifth Pay Commission, Respondent filed a representation for upgradation of her pay-scale which was not acceded to. Her application before the Tribunal was allowed based on the analogy of the scale granted to Research Assistant in other Offices in the Education Department, in view of the similarity in qualifications, functions and responsibilities of the post of Research Assistant in the BPU on one hand and in the CHD, CSTT, CITL on the other. High Court dismissed the writ petition on the principle of equality on the basis of similarity in the nature of discharging of duties.In appeal to this Court, the appellant contended that the Tribunal and the High Court failed to take into consideration the fact that the nature of qualification and other relevant factors clearly point out that the post of Librarian is not equivalent to that of the post of Research Assistant in other regional languages. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1117 |
Petitioner | Union Of India And Anr. |
Respondent | Mahajabeen Akhtar |
SCR | [2007] 11 S.C.R. 807 |
Judgement Date | 2007-11-01 |
Case Number | 5087 |
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