Case Note & Summary
The dispute arose from the implementation of the Andhra Pradesh Revised Scales of Pay Rules, 1969, which aimed to revise pay and create selection grade posts following a Pay Commission's recommendations. The government issued an executive order to prevent junior employees in selection grades from earning more than their seniors in higher posts, leading to litigation when this was deemed unconstitutional by the High Court. The High Court ruled that the executive instruction violated Articles 14 and 16 of the Constitution, and the government’s subsequent introduction of Rule 5(2) was also struck down for the same reasons. The government appealed, arguing that the High Court's ruling did not apply uniformly to all employees. The Supreme Court dismissed the appeals, emphasizing that the government could not selectively implement the High Court's decision and must adhere to a uniform policy for all employees. The court reiterated that the fixation of pay below the minimum of the selection grade was unconstitutional and that the government had failed to respect the finality of the High Court's judgment. The appeals were dismissed without costs.
Headnote
A) Constitutional Law - Equal Pay for Equal Work - Violation of Articles 14 and 16 - Andhra Pradesh Revised Scales of Pay Rules, 1969, Rule 5(2) - The provision that a junior employee in selection grade of a lower post shall not draw more pay than his senior holding a higher post was struck down as unconstitutional. The court held that the government must adopt a uniform policy regarding pay fixation for all employees, as it is violative of the principles of equality (Paras 935-937).
Issue of Consideration
Whether the State Government of Andhra Pradesh can enforce sub-rule (2) of rule 5 of the Andhra Pradesh Revised Scales of Pay Rules, 1969 contrary to Fundamental Rule 22(a)(ii).
Final Decision
The Supreme Court dismissed the appeals and special leave petitions, affirming the High Court's ruling that the fixation of pay below the minimum of the selection grade was unconstitutional and that the government must adopt a uniform policy for all employees.
Law Points
- Constitutional validity
- pay fixation
- equal pay for equal work
- executive instructions
- retrospective rules
