Case Note & Summary
The petitioners, eleven employees of the Industrial Training Institutes (ITIs) in Goa, filed a writ petition under Articles 14, 16, 226, and 227 of the Constitution of India. They held posts of Principal, Vice Principal, Technical Officer, or Assistant Apprenticeship Advisor, which were classified as Group B Gazetted Officers. Their grievance was that the State of Goa and the Labour Commissioner (respondents) were giving them the same pay scale as Group C Instructors, who were in a lower classification and were feeder posts for promotion to the petitioners' cadre. The petitioners sought a mandamus to fix their pay scale at Rs.8000-13500 w.e.f. 1-1-1996 with consequential benefits. The court, after hearing arguments, found that the petitioners were entitled to a higher pay scale as they held higher posts with greater responsibilities. The court held that treating unequals as equals violated Articles 14 and 16 of the Constitution. The petition was allowed, and the respondents were directed to fix the petitioners' pay scale as prayed, with consequential benefits.
Headnote
A) Constitutional Law - Equal Pay for Equal Work - Articles 14, 16, 226, 227 of the Constitution of India - Pay Fixation - Petitioners, Group B Gazetted Officers (Principals/Vice Principals), sought higher pay scale than Group C Instructors, who were feeder posts for promotion to petitioners' cadre - Court held that treating unequals as equals violates Articles 14 and 16, and directed the respondents to fix petitioners' pay scale at Rs.8000-13500 w.e.f. 1-1-1996 with consequential benefits (Paras 1-3).
Issue of Consideration
Whether the petitioners, being Group B Gazetted Officers, are entitled to a higher pay scale than Group C Instructors, and whether the Government's action of giving them the same pay scale violates Articles 14 and 16 of the Constitution of India.
Final Decision
The petition is allowed. The respondents are directed to fix the pay scale of the petitioners at Rs.8000-13500 w.e.f. 1-1-1996 along with consequential benefits.
Law Points
- Equal pay for equal work
- Classification of posts
- Group B vs Group C officers
- Articles 14 and 16 of Constitution of India
- Mandamus for pay fixation
Case Details
2006 LawText (BOM) (09) 125
WRIT PETITION NO. 219 OF 1999
R. M. Khandeparkar, N. A. Britto
Mr. M. S. Sonak for Petitioners, Mr. S. S. Kantak, Advocate General with Ms. R. Chodankar for State
Shri R. G. Rao and others
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Articles 14, 16, 226, 227 of Constitution of India seeking mandamus for pay fixation.
Remedy Sought
Petitioners sought a writ of mandamus directing respondents to fix their pay scale at Rs.8000-13500 w.e.f. 1-1-1996 with consequential benefits.
Filing Reason
Petitioners, Group B Gazetted Officers, were being given the same pay scale as Group C Instructors, which they alleged violated Articles 14 and 16.
Issues
Whether the petitioners, being Group B Gazetted Officers, are entitled to a higher pay scale than Group C Instructors?
Whether the Government's action of giving the same pay scale to both groups violates Articles 14 and 16 of the Constitution?
Submissions/Arguments
Petitioners argued that they are Group B Gazetted Officers while Instructors are Group C, and they should have a higher pay scale.
Respondents argued that the pay scale was fixed as per government rules and there was no discrimination.
Ratio Decidendi
Treating unequals as equals violates Articles 14 and 16 of the Constitution. Group B Gazetted Officers are entitled to a higher pay scale than Group C Instructors, who are feeder posts for promotion to the petitioners' cadre.
Judgment Excerpts
The petitioners, in this petition filed under Articles 14, 16, 226 and 227 of the Constitution of India, inter alia, sought for a writ of mandamus or a direction to the respondents to fix their pay scale at Rs.8000-13500 w.e.f. 1-1-1996 along with consequential benefits.
Their main grievance was that they being Group 'B' Gazetted Officers of the respondents were being given the same pay scales as those of Group Instructors which were Group 'C' posts under the Government of Goa and were otherwise feeder posts for promotion to the cadre of the petitioners and therefore the Government of Goa was treating unequals as equals in breach of Articles 14 and 16 of the Constitution of India.
Procedural History
The petitioners filed Writ Petition No. 219 of 1999 before the Bombay High Court at Goa under Articles 14, 16, 226, and 227 of the Constitution of India. The court heard arguments and delivered judgment on 11th September 2006.
Acts & Sections
- Constitution of India: Articles 14, 16, 226, 227
