Case Note & Summary
The petitioners, nine retired Livestock Development Officers (LDOs) holding diplomas, filed a writ petition seeking the same higher pay scale as graduate LDOs. They were appointed as Assistant LDOs and later promoted to LDO. Since the formation of the LDO cadre in 1991, both graduates and diploma holders were treated alike and given the same pay scale. However, the Government of Maharashtra issued a notification on 20.3.1999 granting a higher pay scale to graduate LDOs. The petitioners retired between 1997 and 2006. They argued that they performed the same duties as graduates and were entitled to equal pay. The respondents contended that the classification based on educational qualification was valid. The court held that the principle of equal pay for equal work does not apply when there is a rational basis for differentiation, and the petitioners failed to prove they performed identical duties. The writ petition was dismissed.
Headnote
A) Service Law - Equal Pay for Equal Work - Classification based on educational qualification - The petitioners, diploma-holder Livestock Development Officers, sought the same higher pay scale as graduate LDOs granted under a 1999 notification. The court held that classification based on educational qualification is permissible and the principle of equal pay for equal work does not apply when there is a rational basis for differentiation. The petitioners failed to demonstrate that they performed identical duties as graduates. (Paras 1-10) B) Service Law - Pay Scale - Government Notification - The notification dated 20.3.1999 granted higher pay scale only to graduate LDOs. The court found that the petitioners, being diploma holders, were not entitled to the same scale as they were not similarly situated. The writ petition was dismissed. (Paras 1-10)
Issue of Consideration
Whether the diploma-holder Livestock Development Officers are entitled to the same higher pay scale as graduate Livestock Development Officers under the notification dated 20.3.1999.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Equal pay for equal work
- Classification based on educational qualification
- Pay parity
- Government notification
- Livestock Development Officers
