The Apex Court, while adjudicating an issue, observed that the principle of equal pay for equal work cannot be applied merely on the basis of designation of officers.
In the instant case, the court had been approached to examine the claims made by Private Secretaries (Grade-II) who had been employed in the Eastern Central Railway, regarding the discrimination in payment as their counterparts working in the Central Secretariat Stenographer Service/RBSSS/Central Administrative Tribunal were being paid higher salary.
For understanding the situation involved, the bench interpreted the Sixth Central Pay Commission report wherein it noted that the aspect of disparity between the Secretariat and field officers had already been taken into consideration by the commission while making recommendations.
The court observed that the recommendations wouldn’t have been required if all had to be treated equally. The bench rejected the contention where the counsel submitted that by virtue of being on a higher post, a particular class ought to get higher grade.
The bench further noticed that report had stipulated that the parity would need to be absolute till the grade of Assistant. Moreover, the bench observed that absolute parity could not be granted as the hierarchy and career progression need to be taken into consideration for relativities across the board.
While referring to one of its precedent, the bench held that courts ought not to interfere if the respective commission had itself considered all the aspects and decided that absolute equality ought not to be given.
Leave a Reply