Article 14 Does Not Envisage Negative Equality; State Can’t Be Forced To Perpetuate Same Mistake Committed With Respect To Others
Case: Rajesh Pravinchandra Rajyaguru v. Gujarat Water Supply & Sewerage Board and Ors.
Coram: Justices DY Chandrachud and MR Shah
Case No.: Civil Appeal No. 7578 Of 2021
Court Observatrion: “As per the settled proposition of law Article 14 of the Constitution embodies the concept of positive equality alone and not negative equality. It cannot be relied upon to perpetuate illegality and irregularity,”
“…Article 14 of the Constitution does not envisage negative equality and if State has committed the mistake, it cannot be forced to perpetuate the same mistake”
“As per the settled proposition of law, the equation of posts and salary is a complex matter which should be left to the expert body and undertakings and the court cannot interfere lightly. Granting of pay parity by the court may result in a cascading effect having adverse consequences. There are limitations or qualifications to the applicability of the doctrine of ‘equal pay for equal work’. Being daily rated employees of the Respondent – Board, they cannot claim as of right similar treatment as Government employees. The Respondent – Board is an independent entity and it might have its own financial capacity and therefore its employees cannot claim parity with the employees of the State Government.”
“Everything depends upon its economic viability or financial capacity. As per the settled proposition of law the economic viability or the financial capacity of the employer is an important factor while fixing the wage structure, otherwise the unit itself may not be able to function and may have to close down inevitably and have disastrous consequences for the employees themselves. As per the settled proposition of law the employees cannot legitimately claim that their pay-scales should necessarily be revised and/or they must be granted certain additional benefits/benefits,” “As per the settled proposition of law Article 14 of the Constitution embodies the concept of positive equality alone and not negative equality. It cannot be relied upon to perpetuate illegality and irregularity,”
Previous Posts
Section 50 NDPS Act Conditions Not Required To Be Complied In Case Of Vehicle Search: Supreme Court
Reliability Or Genuineness Of Allegations Made In FIR/Complaint Cannot Be Gone Into While Exercising Jurisdiction U/Sec 482 CrPC: Supreme Court Download Judgement
