INDER SINGH & ORS. versus VYAS MUNI MISHRA & ORS.

Citation: [1987] 3 S.C.R. 972 · Decided: 14-08-1987 · Supreme Court of India · Bench: RANGANATH MISRA · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
INDER SINGH & ORS. 
V. 
VYAS MUNI MISHRA & ORS. 
AUGUST 14, 1987 
B 
[RANGANATH MISRA AND MURARI MORON DUTT, JJ.] 
c 
D 
U.P. Cane Development (Fourth Class) Service Rules, 1972/U.P. 1
Ganna Paryavekshak (III) Service Rules, 1972: Ganna Gram Sewaks/ 
Cane Supervisors-Posts carrying different duties, basic educational 
qualifications-Merger of-Whether permissible and legal. 
Constitution of India, Arts. 226, 136, 39(d): Principle of equal 
pay for equal work-Applicability of-Two different groups of persons 
performing different duties-Prom'otional post having higher qualifica-
tions than the feeder post-Jurisdiction of the court to order merger-
Whether proper. 
Service Law: Merger of two cadres into one or bifurcation of a 
cadre-Within jurisdiction and authority of executive government-
Not of the court. 
' 
E 
The U.P. Cane Development (Fourth Class) Service Rules, 1972 
prescribe minimum qualification of High School Examination fol' the 
post of Gaona Gram Sewak. The U.P. Gaona Paryavekshak (III) 
Services Rules, 1972 lay down the basic qualification of Intermediate 
(Agriculture) or equivalent or High School with two years' Diploma in 
Agriculture for the post of Cane Supervisor, and provide for filling 50 
F 
per cent of these posts by promotion from amongst permanent Gaona 
Gram Sewaks. The Cane Commissioner by his letter dated March 10, 
1975 recommended to the State Government that the minimum educa-
tional qualification for Gaona Gram Sewaks should be Intermediate. No 
amendment, however, has been made to the said Rules. 
G 
The duties that are to be performed by the Gaona Gram Sewaks 
..,,. 
are preparation of progress report, survey of cane areas, and develop-
ment programme. The Cane Supervisors are responsible for plant pro· 
tection, inputs godown and nurseries in the areas of Gaona Gram 
Sewaks. 
H 
The respondent No. 1 filed a writ petition under Art. 226 of the 
972 
INDER SINGH v. V.M. MISHRA 
973 
}. 
Constitution praying for a writ of mandamus directing the State 
A 
Government to merge the post of Gaona Gram Sewaks and the Cane 
Supervisors into one cadre. 
The High Court took the view that although the minimum educa-
~ tional qualifications required were High School for Gaona Gram 
Sewaks and Intermediate in Agriculture for Cane Supervisors, since 
B 
't 
197 5 the minimum qualification became Intermediate in Agriculture 
for both Gaona Gram Sewaks and Cane Supervisors, that the nature of 
duties peformed by the members of these two categories of posts was the 
same, and relying upon the principle of equal pay for equal work, as 
-
contained in Art. 39(d) of the Constitution, allowed the writ petition 
and directed the State Government to merge the said posts into one c 
1' 
cadre of Gaona Sahayak. 
The State, and the Cane Supervisors preferred appeals to this 
Court. 
....... 
Allowing the appeals, 
D 
HELD: 1.1 The High Court exceeded its jurisdiction in direct-
ing the merger of the posts of Gaona Gram Sewaks and Cane 
Supervisors. [977E] 
,._ 
1.2 The merger or bifurcation of a cadre is an executive act. It is 
E 
... 
for the State to consider whether two groups of persons working under 
two distinct posts perform the same kind of duties or not, and whether 
in implementing the directive principle, as contained in Art. 39(d) of the 
Constitution, it is necessary to merge the two posts into one cadre or 
post. [980AB] 
F 
1.3 The principle of equal pay for equal work requires on the face 
of it that the work to be performed by two groups of persons must be 
equal. The Court may in such cases direct equal pay by way of remov-
ing unreasonable discrimination and treating the two groups, similarly 
'i' 
situated, equally. [977H; 980CD] 
G 
In the instant case, the nature of the duties that are peformed by 
the members of the two categories of posts are different. The Gaona 
Gram Sewaks are responsible for preparation of progress report, 
survey of the cane areas and development programme. On the other 
hand Cane Supervisors are responsible for plant protection, inputs 
godown and nurseries in the areas of Gaona Gram Sewaks. The 
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974 
SUPREME COURT REPORTS 
(1987] 3 S.C.R. 
minimum qualification required for each post is also different. Both of 
them function more or less independently. Furthermore, the post of 
Cane Supervisor is a promotional post vis-a-vis the post of Ganna Gram 
Sewak. It will, therefore, be beyond the jurisdiction of the court to 
implement the pr

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