Case Note & Summary
The dispute arose from a petition filed by a driver constable in the Delhi Police Force, who sought equal pay with drivers in other government departments. The petitioner, after serving in the army, was appointed as a driver in the Delhi Police and claimed that he performed the same duties as drivers in other departments but received a lower pay scale. The pay scale for driver constables in the Delhi Police was Rs. 210-270 for non-matriculates and Rs. 225-308 for matriculates, while other departments offered higher scales. The petitioner argued that the Third Pay Commission failed to consider their case adequately, leading to discrimination. The respondents contended that the petitioner was merely a constable and that different departments justified different pay scales. The Court analyzed the constitutional provisions regarding equality and the principle of equal pay for equal work, emphasizing that the duties of driver constables were as arduous as those in other departments. The Court rejected the respondents' arguments, stating that the principle of equal pay for equal work is not abstract but substantive and should be applied in this case. Ultimately, the Court allowed the writ petition, directing the respondents to fix the pay scale of the petitioner and other driver constables to be at least equal to that of drivers in the Railway Protection Force, effective from January 1, 1973.
Headnote
A) Constitutional Law - Equal Pay for Equal Work - Application of the principle - Constitution of India, 1950, Articles 14, 16, 39(d) - The Court held that the principle of equal pay for equal work is a constitutional goal and should be applied to ensure that driver constables in the Delhi Police Force receive pay comparable to that of drivers in other departments performing similar duties. The Court found no rational basis for the differential pay scales and directed equalization of pay. (Paras 304-307).
Issue of Consideration
Whether the principle of equal pay for equal work applies to driver constables in the Delhi Police Force compared to drivers in other departments.
Final Decision
The Court allowed the writ petition and directed the respondents to fix the pay scale of the petitioner and other driver constables of the Delhi Police Force at least on par with that of the drivers of the Railway Protection Force, effective from January 1, 1973.
Law Points
- Equal pay for equal work
- Article 14
- Article 16
- Article 39(d)
- Directive Principles of State Policy
- Writ under Article 32
