Case Note & Summary
The petitioners, nine Lower Division Clerks working in the Income Tax Appellate Tribunal, Mumbai, filed a writ petition challenging the denial of the same pay scale as direct recruits. They were initially appointed on ad hoc basis between 2002 and 2005 and were regularized in 2008. Despite performing identical duties as direct recruits appointed after regularization, they were placed in a lower pay scale. The respondents argued that the petitioners were appointed on ad hoc basis and their regularization did not entitle them to the same pay scale as direct recruits. The court analyzed the principle of equal pay for equal work and held that once the petitioners were regularized, there was no justification for discriminating against them in pay scales. The court noted that the petitioners and direct recruits performed the same duties and responsibilities. Relying on Article 14 and Article 16 of the Constitution, the court held that the petitioners were entitled to the same pay scale as direct recruits from the date of their regularization. The writ petition was allowed, and the respondents were directed to grant the petitioners the same pay scale as direct recruits with consequential benefits.
Headnote
A) Service Law - Equal Pay for Equal Work - Pay Scale Fixation - Petitioners, initially appointed as ad hoc Lower Division Clerks and later regularized, claimed same pay scale as direct recruits performing identical duties - Court held that once regularized, they are entitled to the same pay scale as direct recruits, as there is no justification for discrimination under Articles 14 and 16 of the Constitution - Principle of equal pay for equal work applies (Paras 1-10).
Issue of Consideration
Whether the petitioners, who were initially appointed as Lower Division Clerks on ad hoc basis and later regularized, are entitled to the same pay scale as direct recruits appointed after the regularization, given that they perform identical duties.
Final Decision
The writ petition is allowed. The respondents are directed to grant the petitioners the same pay scale as direct recruits from the date of their regularization with consequential benefits.
Law Points
- Equal Pay for Equal Work
- Article 14
- Article 16
- Doctrine of Legitimate Expectation
- Classification of Employees
- Pay Scale Fixation
