Disparity In Pay Scale Classification Based On Mode Of Recruitment, Qualification & Merit Not Unreasonable
Case: Nishant Chawla v. TDSAT
Coram: Justice Chandra Dhari Singh
Case No.:
Court Observation: “(There are) several considerations to be borne in mind while deciding the issue of parity between two posts, whether in the same organisation or across different organisations/ departments. There is definitely no mathematical application of the principle of parity and “Equal Pay for Equal Work” and it is the Courts of the country that have laid down various factors for deciding the question of parity amongst different designations,”
“The fundamental principle, hence, is how closely a nexus or similarity can be found between two post/positions in different organisations/departments and how this nexus should affect the pay for the employees appointed in this position,”
“The word parity, in its simplest and truest sense, means equality or being at par. Such equality can be of position, rank, value or condition when seen in the context of service and the benefits that arise from such service. The test of parity also starts to hold a greater significance when seen on the touchstone of equality, as has been guaranteed under Article 14 of the Constitution of India. The test, hence, is to be considered with the utmost care and consideration when the question of rights of the civilian employees are in question with respect to their work and pay. more particularly when the benefits accruing to two similarly placed positions are to be evaluated. The principle of equal pay for equal work needs to be kept in mind while considering this expansive interpretation of Article 14 of the Constitution and the rights arising thereto.”
“It is found that to establish parity in employment, more significant factors including qualifications and mode of recruitment are to be given equal consideration… Moreover, it cannot be said that the petitioner working at the respondent no. 1 has the same rigours as that of the Secretariat in terms of the requirement for recruitment, since, an employee being deputed cannot be placed at par with an employee appearing for and clearing a competitive examination where only a selected few fill up the position at Ministerial organisation from amongst thousands of those appearing for the examination.”
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Keywords
Disparity In Pay Scale, Mode Of Recruitment
