Case Note & Summary
The petitioners, Mr. Yuvaraj Naik and Smt. Blandina D'Sa, were translators employed by the Goa Legislature Secretariat. They filed writ petitions seeking a mandamus directing the respondents (State of Goa and the Goa Legislature Secretariat Board) to fix their pay scale at Rs.5500-9000 with consequential benefits, based on the extension of the Fifth Pay Commission recommendations by Government Order dated 27-10-1997. The facts revealed that the Fourth Pay Commission recommendations were adopted by the Government w.e.f. 1-1-1986, and two translator posts were created in the pay scale of Rs.1400-2300. Subsequently, the Fifth Pay Commission recommended higher scales, and the Government extended them to various employees. The petitioners argued that they performed identical work to translators in other government departments who received the higher scale, and thus were entitled to equal pay. The respondents contended that the petitioners' posts were governed by separate rules and the pay scale was fixed accordingly. The court analyzed the principle of equal pay for equal work and found that the petitioners' duties were similar to those of other translators. The respondents failed to provide any justification for the disparity. The court allowed the petitions, directing the respondents to fix the petitioners' pay scale at Rs.5500-9000 with consequential benefits from the date of the Government Order.
Headnote
A) Service Law - Pay Scale - Equal Pay for Equal Work - Translators in Goa Legislature Secretariat claimed pay scale of Rs.5500-9000 based on Fifth Pay Commission recommendations - Court held that the petitioners performed same duties as translators in other departments who received higher pay, and the respondents failed to justify the discrimination - Held that petitioners are entitled to the revised pay scale with consequential benefits (Paras 1-10).
Issue of Consideration
Whether the petitioners, translators in the Goa Legislature Secretariat, are entitled to the pay scale of Rs.5500-9000 as per the Fifth Pay Commission recommendations extended by Government Order dated 27-10-1997.
Final Decision
The court allowed the writ petitions and directed the respondents to fix the petitioners' pay scale at Rs.5500-9000 with consequential benefits.
Law Points
- Equal pay for equal work
- Pay scale revision
- Government orders
- Writ of mandamus
- Pay Commission recommendations
