LexDELHI VETERINARY ASSOCIATION versus UNION OF INDIA & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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DELHI VETERINARY ASSOCIATION
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UNION or INDIA & ORS.
April I 2, 1984
[E.S. VENKATARAM!AH AND D.P. MADON, JJ.]
Constitution of India 1950-Artic/e 39 (d) 'Equal pay for equal work'
-Principle--Applicability of-Factors to be taken into conslderatlon while
fixing pay scales.
·
Veterinary
Assistant Surgeoas emp/Oyed In
Delhi Administration,
,-1
UnlOn Territory Of Chandigarh and' Central Government-Disparity ,in pay
scales-"-Whether IJeterinarY asiistant 5Urgeons in Delhi Administration enti-
tled to equal scales of pay.
).
. The Petitioner in a writ petition sought relief in respect of Veteri- .
nary Assistant Surgeons working in the Delhi ·.Administration, alleging
. that the Veterinary Assistant Surgeons have been denied the benefit
of the principle of 'equal pay for e'qual work' ioCorporated i-n Article
39 {d) of the Constitution and that there has b<:een violation·of the furida·
rriental :ights guaranteed under Arti~Jes 14 and 16, because their scale
of salary (Rs. SS0-990) was lower than the pay scalo of Veterinary
Assistant Surgeons employed· by the Union Territory of Chandigarh
. (850-1700), or by the Central Government in the Indo·Tibetan Boarder
l;'olice and by the Border Security Force (Rs. 6S0-!200).
The Writ petition was oPposed by the Union of India denying many
of the
alleg~tions in the pe.tition, while the Development Commissioner,
while. the o"ethi Administration contested the writ petitiOn by justifying -
the impugned pay scale and also by pleading that the matter should be
allo.wed tO be examined by the Fourth Pay Comnlission.
LJ;
Dismissing 'the writ petition.,
HELD : !.
The question, of the fixation of pay scale for Veteri·
nary Assistant Surgeons should be Jeft to be decided by· the Government
on the basis of the recommendation of the Fourth Pay Commission.
The question of di~rimiiiation canno~ be decided in isolation.
Having
regard to the long delay in approaching this Court after the fixation of
the pay scale, no relief can'be granted in respect of the periC>d between
1973 and 1984.
The pe(itioner is at liberty to make its representation
before the Fourth Pay Commission.. [ 434 H·E)
429
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D
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B
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SUPREME COURT REPORTS
[1984) 3 s.c.ll..
\ 2.
In a:ddition to the principle . of i equal pay for equal. work',
the pay structure of tl,1e employees of. the Government' should rCflect
many other social values.
Apart frdm being the· Qomin~nt empl_oyer,
the Government is also eXpccted to be a 'model employer. ·It has, there·
fore, to follow certain, basic pr,inciples in fixing 1he pay scales of various
posts <ind C3.dres.
The degree of skill; strain of work, experience in·
volved, train'fng required, reSponsibility, u·adertakeo, mental and physical
requirement' disa:gree·Bblooess of the t.ask,- hazard attendant on work and
faHgue involved ate some of the factors ,which should be taken into ··
consideration in fixing pay scales.
The met bod of recruitmentJ ihe level·
at· which the initial recrpitment is made in the' hierar"cby of service Or
cadre~ minimum educational and 'technical qualification prescfibed for -
the post, the nature of 'dealings with the p'Jblic_, avenues of pfomoti.on
available arid horizontal and vertical relativity with other jobs in .the
same service or outside are also relevant.factors.
[432fi-H; 433A]
3.
Wil.e fixing the pay scales, the paying capacity or:the Govern-
ment, the total financial btirden which has to be .borne by .the general
public, the disPa·rity between the incomes of the Government employees
·and the incomes of those who are not in government service and tho ne·t
amount available for government·at the current tax1tion level, after pay-
ing the salaries and allowances to the-GOvernment servants have also to
be borne in mind.
[4338-0]
4. It is imperative that thefe should b~ an evolution and impJe ..
menta_tiOo of a scieatific national Policy of incomes; wages and pr\ces
which would be ap\)Iicable ·not merely to Government services but als9
to the· other sectors of the national eco1101ny.
As Llf.as -possible tbe-
needs of a family-unit have to be borne ill mind in fixing the wage scales.
The 'needs' are not static.' They include adequate nutrition, mediCal
facilities, clothing, housing, education, ·cultural, activities etc.
Care•
should also bo taken to seQ that ·what is fixed today as an adequate pay
scale does not be-Come inadequate withi 1 a.shorExcerpt shown. Read the full judgment & AI analysis in Lexace.