Employee Can’t Claim Equal Pay Due To Mere Similarity Of Designation Or Similarity Of Quantum Of Work
Case: State Of Madhya Pradesh Through Principal Secretary & Ors. V Seema Sharma
Coram: Justices Indira Banerjee and JK Maheshwari
Case No.: Civil Appeal No 3892 of 2022
Court Observation: “The doctrine of equal pay for equal work could only be invoked when the employees were similarly circumstanced in every way. Mere similarity of designation or similarity or quantum of work was not determinative of equality in the matter of pay scales. The Court had to consider all the relevant factors such as the mode of recruitment, qualifications for the post, the nature of work, the value of work, responsibilities involved and various other factors”
“This Court cannot interfere with the policy decision taken by the Government merely because it feels that another decision would have been fairer; or wiser as held by this Court in State of Madhya Pradesh vs. Narmada Bachao Andolan reported in (2011) 7 SCC 639 and relied upon and re-affirmed in Sudhir Budakoti & Others (supra).”
“It is also well settled that there can be no equality to a wrong and/or illegality. Just because a librarian may have been erroneously granted the UGC pay scale, that would not entitle others to claim the UGC pay scale, if not applicable under the Rules.”
“This Court cannot interfere with the policy decision taken by the Government merely because it feels that another decision would have been fairer; or wiser as held by this Court in State of Madhya Pradesh vs. Narmada Bachao Anadolan reported in (2011) 7 SCC 639 and relied upon and re-affirmed in Sudhir Budakoti & Others (supra).”
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Keywords
Employee Can’t Claim Equal Pay, Similarity Of Designation, Similarity Of Quantum Of Work
