Different Pay Scale For Seemingly Similar Posts Justifiable If There Is A Reasonable Classification : Supreme Court
1 year, 10 months ago

Different Pay Scale For Seemingly Similar Posts Justifiable If There Is A Reasonable Classification : Supreme Court

Live Law  

The Supreme Court has observed that Pay Commissions may be justified in recommending different pay scales for seemingly similar posts and if the State accepts such differentiation based on a reasonable classification, then the Courts will not interfere.The doctrine of "equal pay for equal work" will not strictly apply in such cases. "It may be true that the nature of work involved in two posts may sometimes appear to be more or less similar, however, if the classification of posts and determination of pay scale have reasonable nexus with the objective or purpose sought to be achieved, namely, the efficiency in the administration, the Pay Commissions would be justified in recommending and the State would be justified in prescribing different pay scales for the seemingly similar posts. It was of the view that there can be more than one grade in a particular service “The classification of posts and the determination of pay structure, thus falls within the exclusive domain of the Executive, and the Courts or Tribunals cannot sit in appeal over the wisdom of the Executive in prescribing certain pay structure and grade in a particular service.” Case details Union of India v. Indian Navy Civilian Design Officers Association And Anr. The Courts therefore should not enter upon the task of job evaluation which is generally left to the expert bodies like the Pay Commissions - Para 14 Equal Pay for Equal Work- It may be true that the nature of work involved in two posts may sometimes appear to be more or less similar, however, if the classification of posts and determination of pay scale have reasonable nexus with the objective or purpose sought to be achieved, namely, the efficiency in the administration, the Pay Commissions would be justified in recommending and the State would be justified in prescribing different pay scales for the seemingly similar posts.

History of this topic

When Raising Plea Of "Equal Pay For Equal Work" Onus Falls Upon Employee To Prove Substantial Similarity In Nature Of Work: J&K High Court
9 months ago

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