NDLI: Punjab State Power Corporation Limited Vs. Rajesh Kumar Jindal & Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Pay scale Parity of Service Law internal auditors Equation of posts and revision of pay
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Electricity (supply) Act, 1948 (54 of 1948)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law: Pay scale – Parity of – Posts of Head Clerks and the Internal Auditors in State Electricity Board – Internal Auditors seeking parity of pay scale with Head Clerks irrespective of the nature of recruitment, qualifications and nature of duties and responsibilities – Entitlement of – Case of internal auditors that for about two decades there was a parity in pay scales of the posts of Internal Auditors and Head Clerks and thereafter, on revision of the pay scale of Head Clerks by the Board, the long standing parity of pay scales of the two posts was disturbed – Held: Internal auditors are not entitled to claim parity with head clerks irrespective of the nature of recruitment, qualifications and nature of duties and responsibilities – Pay Anomaly Committee gave elaborate reasons for revising the pay scales of the Head Clerks at Rs.2000-3500 and Internal Auditors at Rs.1800-3200 with benefit of promotional increments, considering the differences in the nature of duties and responsibilities performed by the Head Clerks and Internal Auditors – Conclusion arrived at by the experts/Pay Anomaly Committee not susceptible to judicial review – Courts are not to interfere with the decision of the Government which is based on the opinion of the experts – Furthermore, there was a conscious exercise of option to go as internal auditor, in view of the promotional avenues available to the Internal Auditors and the high pay scales available in the promotional position in comparison to the promotional avenues available to the Head Clerks – There are neither pleadings nor any material produced by the respondents to prove that the nature of work performed by the Internal Auditors is similar with that of the Head Clerks – Court has to keep in mind that a mere difference in service conditions, does not amount to discrimination – Unless there is complete identity between the two posts, they should not be treated as equivalent to claim parity of pay scale.Judicial review: Parity in pay scale sought by employees – Interference by court – Held: Equation of posts and revision of pay scale is within the domain of the Government – Matter should be left to the discretion and expertise of the Pay Committee and the Government to take the decision by considering the nature of duties and responsibilities – Ordinarily, the courts will not enter upon the task of job evaluation – Aggrieved employees claiming parity must establish that they are unjustly treated by arbitrary action or discriminated – Granting parity in pay scales depends upon the comparative evaluation of job and equation of posts.
Judge	Hon'ble Ms. Justice R. Banumathi
Neutral Citation	2019 INSC 31
Petitioner	Punjab State Power Corporation Limited
Respondent	Rajesh Kumar Jindal & Others
SCR	[2019] 2 S.C.R. 289
Judgement Date	2019-01-08
Case Number	195

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