Case Note & Summary
The dispute arose from a claim by employees of urban local bodies who sought equal pay on par with Medical Officers at the scale of Rs.2200-4000. The petitioners approached the High Court by way of a writ petition seeking direction for payment of that scale. There was a long controversy regarding their entitlement, which was ultimately referred to an Anomaly Committee. The Committee, in its proceedings dated January 1, 1995, accepted new pay scales for different posts in urban local bodies and recommended that persons like the petitioners be paid the scale of Rs.2200-4000 with effect from November 7, 1994. The Government accepted that recommendation and issued orders on February 16, 1995. The petitioners filed a writ petition seeking payment of arrears from 1986. Initially, directions were given by the Court to consider why they were not being paid from January 1, 1986. After consideration, the respondent filed an affidavit explaining circumstances, one of which was that previously the petitioners were unequals and were not being paid the same pay, hence they were not entitled to the same scale. The Division Bench of the High Court dismissed the petition on September 21, 1995. In the Supreme Court, the petitioners contended that the reason given by the respondents was not relevant since the Anomaly Committee had found that they were performing the same duties as Medical Officers, and therefore they should be granted the scale from 1986. The Supreme Court observed that the reasons in the counter-affidavit may not be correct, but the Anomaly Committee had recommended payment of the same scale with effect from November 7, 1994. The legal question was whether the date fixed was arbitrary. The Court reiterated that fixing a date is not arbitrary violating Article 14, but authorities cannot pick a date arbitrarily. Since the question was referred to the Anomaly Committee to advise the Government, and the Committee had gone into the question and recommended the scale and the date, and the Government accepted it, the Court held that the fixation of the date was not arbitrary. Accordingly, the special leave petition was dismissed.
Headnote
A) Service Law - Equal Pay - Date of Effect of Pay Scale Revision - Constitution of India, Article 14 - Petitioners sought equal pay with Medical Officers from 1986; Anomaly Committee recommended pay scale of Rs.2200-4000 effective November 7, 1994, and Government accepted it - Supreme Court held that fixation of a date is not arbitrary if based on recommendation of expert body; the Committee had gone into the question and recommended the date; Government accepted; hence no violation of Article 14 - Held that the special leave petition was dismissed.
Issue of Consideration
Whether the date fixed by the Anomaly Committee (November 7, 1994) for granting the higher pay scale to the petitioners was arbitrary and violative of Article 14 of the Constitution.
Final Decision
Special leave petition dismissed; the fixation of date November 7, 1994 for grant of pay scale was upheld as not arbitrary under Article 14.
Law Points
- Fixation of date for granting revised pay scale is not arbitrary if based on expert committee recommendation and accepted by government
- equal pay for equal work
- Article 14 of Constitution of India
