Article 14 Does Not Envisage Negative Equality; State Can't Be Forced To Perpetuate Same Mistake Committed With Respect To Others : Supreme Court

The Supreme Court has observed that daily rated employees cannot as a matter of right claim the parity of pay scales with the Government employees.The Court further added that the petitioners could not invoke Article 14 of the Constitution to claim benefit on the ground of parity if they otherwise were not entitled to such benefit. The bench of Justices DY Chandrachud and MR Shah was considering an appeal against the order passed by the Gujarat High Court in which the High Court had held that the daily rated employees of the Gujarat Water Supply & Sewerage Board were not entitled to any benefit from the modified Government Resolutions dated May 1, 1991 and February 15, 1992 since the same were not adopted by the Board. The issues that arose for consideration were: Whether the original writ petitioners – daily rated employees working with the Respondent - Board are entitled to the benefits flowing from subsequent Resolutions dated 01.05.1991 and 15.02.1992? The Single Judge on October 15, 2019 directed the Board to grant benefits of pay scale of Rs.950-1500 to the original writ petitioners – daily rated employees with all consequential benefits upon completion of 10 years of service and revised their pay scales as per 5th, 6th and 7th Pay Commission scales on such basis.