“Equal Pay For Equal Work” Not A Fundamental Right Vested In Any Employee, Though A Constitutional Goal To Be Achieved By Govt
Case: State of Madhya Pradesh vs. RD Sharma
Coram: Justices DY Chandrachud and Bela M. Trivedi
Case No.: CA 474-475 OF 2022
Court Observation: “It may be noted that this court has consistently held that the equation of post and determination of pay scales is the primary function of the executive and not the judiciary and therefore ordinarily courts will not enter upon the task of job evaluation which is generally left to the expert bodies like the Pay Commissions. This is because such job evaluation exercise may include various factors including the relevant data and scales for evaluating performances of different groups of employees, and such evaluation would be both difficult and time consuming, apart from carrying financial implications. Therefore, it has always been held to be more prudent to leave such task of equation of post and determination of pay scales to be best left to an expert body. Unless there is cogent material on record to come to a firm conclusion that a grave error had crept in while fixing the pay scale for a given post, and that the court’s interference was absolutely necessary to undo the injustice, the courts would not interfere with such complex issues. A beneficial reference of the observations made in this regard in case of Secretary, Finance Department Vs. West Bengal Registration Service Associations and Ors. 1993 Supl. 1 SCC 153 be made. As held in State of Haryana and Anr. Vs. Haryana Civil Secretariat Personal Staff Association 2002 (06) SCC 72 “equal pay for equal work” is not a fundamental right vested in any employee, though it is a constitutional goal to be achieved by the Government.”
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