Case Note & Summary
The Delhi Veterinary Association filed a writ petition under Article 32 of the Constitution of India seeking relief for Veterinary Assistant Surgeons employed in the Delhi Administration. The petitioners alleged that these surgeons were denied the principle of 'equal pay for equal work' as per Article 39(d) of the Constitution, claiming their pay scale of Rs. 550-990 was lower than that of their counterparts in the Union Territory of Chandigarh and the Central Government. The Union of India contested the allegations, asserting that the matter should be examined by the Fourth Pay Commission. The Supreme Court, while acknowledging the legitimacy of the petitioners' grievances, dismissed the writ petition, stating that the fixation of pay scales should be left to the Government based on the Fourth Pay Commission's recommendations. The court noted that the question of discrimination could not be resolved in isolation and emphasized that various factors, including skill, experience, and the government's financial capacity, should be considered in determining pay scales. The court also highlighted the importance of a national policy on wages that reflects the needs of families and the economic realities of inflation. The petitioners were permitted to make representations to the Fourth Pay Commission for their pay scale determination, but no retrospective benefits were granted for the period between 1973 and 1984. The court concluded that the Fourth Pay Commission would consider the representations sympathetically.
Headnote
A) Constitutional Law - Equal Pay for Equal Work - Applicability of Article 39(d) - The principle of equal pay for equal work is applicable to Veterinary Assistant Surgeons, but the fixation of pay scales should be determined by the Fourth Pay Commission. The court held that the question of discrimination cannot be decided in isolation and the petitioner may represent before the Fourth Pay Commission for consideration (Paras 434 H-E). B) Employment Law - Factors in Pay Scale Determination - The pay structure must reflect various social values and consider factors such as skill, experience, and responsibilities. The court emphasized that the government must act as a model employer while fixing pay scales (Paras 432 F-H; 433 A). C) Economic Policy - National Policy on Wages - The court highlighted the need for a scientific national policy on incomes and wages applicable across sectors, considering family needs and inflation. It directed that the Fourth Pay Commission should consider these factors while determining equitable pay scales (Paras 433 E-G).
Issue of Consideration
Whether the Veterinary Assistant Surgeons in Delhi are entitled to equal pay scales as compared to their counterparts in other regions.
Final Decision
The Supreme Court dismissed the writ petition, stating that the fixation of pay scales should be determined by the Fourth Pay Commission and no retrospective benefits were granted for the period between 1973 and 1984.
Law Points
- equal pay for equal work
- pay scale fixation
- fundamental rights
- discrimination
- government as model employer
