UNION OF INDIA AND ANR. versus MAHAJABEEN AKHTAR

Citation: [2007] 11 S.C.R. 807 · Decided: 01-11-2007 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Dismissed
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Judgment (excerpt)

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UNION OF INDIA AND ANR. 
A 
V. 
MAHAJABEEN AKHTAR 
NOVEMBER 1, 2007 
[S.B. SINHA AND HARJIT SINGH BEDI, JJ.] 
B 
Service Law: 
Pay Scale-Revision in-Research Assistant working in Bureau C 
of Promotion of Urdu Language (BPU) in pay scale of Rs.1640-2900-
NCPUL constituted in place of BPU-Option given to employees of 
BPU to either get transferred to NCPUL or continue to work in 
Government Department-Respondent opted to stay in Government 
service as surplus-Deployed as Librarian-Application for D 
upgradation of pay scale-Allowed by Tribunal on the ground that 
Research Assistant in BUP and Institutions like CHD, CIIL are 
similarly qualified and performing similar fanctions-Affirmed by High 
Court-On appeal, held: Doctrine of equal pay for equal work not 
applicable as essential educational qualifications and nature of duties 
E 
of incumbent in other departments are different-As Union of India 
has already applied its mind and revised respondent's pay, it was for 
respondent to show that she had been discriminated against-Neither 
in fact nor in law, any case of discrimination has been made out-
Hence, in the facts and circumstances of the case, no relief granted to 
F 
appellant-However, in exercise of jurisdiction under Article 142, 
amount already paid to respondent not to be recovered-Pqy Scale-
Fixation of-Determining factors-Stated-Constitution of India, 
19 5 0-Articles 14, 3 9( d), 14 2-Doctrine of equal pay for equal work. 
The Respondent was appointed as Technical Assistant of Urdu 
Language in the Bureau of Promotion of Urdu Language (BPU). She 
was promoted as Research Assistant in the pay scale of Rs.550-900. 
The said pay scale was revised to Rs.1640-2900 on the 
807 
G 
H 
808 
SUPREME COURT REPORTS 
(2007] 11 S.C.R. 
A recommendations of the Fourth Pay Revision Commission. The 
Central Government constituted National Council for Promotion of 
Urdu Language (NCPUL) in place of the BPU. NCPUL started 
functioning from 1.4.1996. Employees of the BPU were given an 
option either to continue to work in the Government Department or 
B get themselves transferred to NCPUL. Respondent opted ·for 
Government service. Her name was, therefore, referred to surplus 
cell for redeployment. She was redeployed as Librarian in National 
Gallery of Modern Art and designated as Assistant Librarian and 
Information Assistant. Her pay was upgraded in the scale of 
c Rs.6500-10500. Indisputably, the scale of pay ofRs.1640-2900 was 
revised to Rs. 5500-9000. 
Consequent upon the recommendations of the Fifth Pay 
Commission, Respondent filed a representation for upgradation of 
her pay-scale which was not acceded to. Her application before the 
D Tribunal was allowed based on the analogy of the scale granted to 
Research Assistant in other Offices in the Education Department, 
in view of the similarity in qualifications, functions and 
responsibilities of the post of Research Assistant in the BPU on one 
hand and in the CHD, CSTT, CITL on the other. High Court dismissed 
E the writ petition on the principle of equality on the basis of similarity 
in the nature of discharging of duties. 
In appeal to this Court, the appellant contended that the 
Tribunal and the High Court failed to take into consideration the fact 
F that the nature of qualification and other relevant factors clearly 
point out that the post of Librarian is not equivalent to that of the 
post of Research Assistant in other regional languages. 
Dismissing the appeal in view of observations made, the Court 
'' 
G 
HEI ,D: 1. Respondent has been paid the amount by way of 
difference in the scale of pay only for a short period. She has been 
held to be entitled only for a sum ofRs.7,000/- and odd. Therefore, 
in exercise of jurisdiction underArticle 142 of the Constitution, it is 
directed that the amount already paid need not be recovered. 
H 
[Para 27] [822-D, E] 
1 
UNION OF INDIA v. MAHAJABEEN AKHTAR 
809 
2.1. The requisite criteria in regard to appointment, promotion, A 
transfer as well as the nature of duties required to be performed by 
the incumbents of posts of Research Assistant (Hindi) and Research 
Assistant (Other languages) vis-a-vis that of Research Assistant 
(Urdu) are different. Knowledge of English for Research Assistant 
(Urdu) is not necessary whereas for the Research Assistant (Hindi) B 
and other regional languages, the same is essential. 
[Para 17} [819-B,C\ 
2.2. The essential qualifications are absolutely different for the 
Resear
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