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Supreme Court Of India

(From : 2006 (1) Cal HN 404)

Hon'ble Judge(s): R. V. Raveendran, Swatanter Kumar , JJ

(A) Constitution of India , Art.16— Equal pay for equal work - Grant of - Involves determination of parity in duties and responsibilities - It is complex executive function - Court to approach such matters with restraint. The evaluation of duties and responsibilities of different posts and determination of the pay scales applicable to such posts and determination of parity in duties and responsibilities are complex executive functions, to be carried out by expert bodies. Granting parity in pay scale depends upon comparative job evaluation and equation of posts. The principle "equal pay for equal work" is not a fundamental right but a constitutional goal. It is dependent on various factors such as educational qualifications, nature of the jobs, duties to be performed, responsibilities to be discharged, experience, method of recruitment etc. Comparison merely based on designation of posts is misconceived. Courts should approach such matters with restraint and interfere only if they are satisfied that the decision of the Government is patently irrational, unjust and prejudicial to any particular section of employees. The burden to prove disparity is on the employees claiming parity.(Para 15) (B) Constitution of India , Art.16— Equal pay for equal work - Claim for - Ground that suit pos....