LexUNION OF LNDIA & ORS. versus DINESHAN K.K.
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[2008] 1 S.C.R. 100 A UNION OF lNDIA & ORS. ~ v. DINESHAN K.K. (C.A. No. 25 of 2008) B JANUARY 4, 2008 . (C.K. THAKKER AND D.K. JAIN, JJ.] > Service Law - Pay scales - Parity in - Rank of 'Radio /I Mechanics' in Assam Rifles - Claim of parity with their c counterparts in other paramilitary forces - Disparity arising due to initial anomaly in the Fourth Pay Commission irrespective of difference in their powers, duties and responsibilities - Disparity admitted by the authorities - Held: The Radio Mechanics were entitled to parity in pay scale with D their counterparts in other paramilitary forces - Denial of parity by the authorities is 'irrational arbitrary and violative of Article 14 of the Constitution - Constitution of India, 1950 -Article 14 - Doctrine of equal pay for equal work. -s. Constitution oflndia, 1950 - Articles 14, 16 and 39 ( d) - E Doctrine of equal pay for equal work - Nature and applicability of - Held: Initially it was introduced as a part of Directive Principles, later assumed status of fundamental right - The doctrine has no mathematical application in every case of similar work. F Judicial Review- Of pay fixation - Held: Equation of pay II being complex, is generally left to the Executive and expert bodies - However, judicial review is permissible, where the employee is treated unjustly and arbitrarily by State action or inaction. G By letter dated 10.10.1997 by the Ministry of Home Affairs of Government of India notifying that President of India was pleased to rationalize the rank structure and pay scales of non-gazetted cadre of central police H organizations. In February 1998, Directorate of Assam 100 ., UNION OF INDIA & ORS. v. DINESHAN K.K. 101 Rifles brought to the notice of the Ministry that disparity A in the service conditions of certain category of personnel including the rank of Radio Mechanic had arisen and recommended re-designation of Radio Mechanic and Head Constable in Assam Rifles as Warrant Officer and also for replacement of pay scale of Rs. 4000-6000 to bring B them at par with their counterparts in other paramilitary forces. The Ministry by letter dated 3.3.1998 informed them that they could redesignate the Head Constable ( Radio Mechanic) as Warrant Officer provided their pre-revised and revised pay scales were identical to the pay-scales C of their counterparts in CRPF and BSF. The disparity could not be resolved. On 24.4.2001, Director General of Assam. Rifles submitted a report to the Government, with regard to the progress ori pay anomaly cases. As there was no positive response from the Government, one of the Radio D Mechanics issued a Notice of Demand to the Government and also to Director General of Assam Rifles praying for giving effect to the Office Order dated 10.10.1997. By order dated 26.12.2001 the Government rejected the recommendation made by Director General of Assam Rifles. E Respondents working in the rank of RadiO Mechanic in Assam Rifles filed writ petition. High Court, allowed the same. Hence the present appeal. Dismissing the appeal, the Court HELD: 1.1 The doctrine of 'equal pay for equal work' F .. was originally propounded as part of the Directive Principles of the State Policy in Article 39(d) of the Constitution. Having regard to the constitutional mandate of equality and inhibition against discrimination in Articles G ·14 and 16, iri service jurisprudence, the doctrine of 'equal pay for equal work' has assumed status of a fundamental right. [Para 9] [107-G, 108-A, C] D.S. Nakara and Ors. vs. Union of India 1983 (1) SCC 305 - followed. H 102 SUPREME COURT REPORTS [2008] 1 S.C.R. A Randhir Singh vs. Union of India and Ors. 1982 (1) SCC 618 - relied on. 1.2 Initially, the said principle was being applied as an absol'ute rule but realizing its cascading effect on other B cadres, in subsequent decisions of this Court, a note of caution was sounded that the principle of equal pay for equal work had no mathematical application in every case of similar work. It has been observed that equation of. , posts and equation of pay structure being complex c matters are generally left to the Executive and expert bodies like the Pay Commission etc. It has been emphasized that a carefully evolved pay structure ought not to be ordinarily disturbed by the Court as it may upset the balance and cause avoidable ripples in other cadres as well. [Para 10] [108-D, E]
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