IMPORTANT POINT
The principle of equal pay for equal work a facet of the principle of equality in the matter of employment, can only be claimed when there is discrimination by the State between two persons who are similarly situate and the said principle cannot be invoked in cases where discrimination sought to be shown is between acts of two different authorities functioning as State.

Headnote:Service Law-Principle of equal pay for equal work -Applicability-Principle cannot be invoked in cases where discrimination sought to be shown is between acts of two different authorities functioning as State-Right to equality can only be claimed when there is discrimination by the State between two persons who are similarly situate-Respondent working as Science Supervisor in Union Territory of Chandigarh-Claim of same pay scale as is given to District Science Supervisors in State of Punjab-Post of Science Supervisor not at par with post of District Science Supervisor in State of Punjab-Inspite of his working on post of Science Supervisor, respondent continuing in cadre of Science Masters-He cannot claim salary higher than that of Science Master being paid to him-Rule 2 of Union Territory of Chandigarh Employees Rules, 1966, cannot be invoked in facts and circumstances of the case.
       Held : The principle of equal pay for equal work is a facet of the principle of equality in the matter of employment guaranteed under Articles 14 and 16 of the Constitution of India. The right to equality can only be claimed when there is discrimination by the State between two persons who are similarly situate. The said principle cannot be invoked in cases where discrimination sought to be shown is between acts of two different authorities functioning as State under Article 12 of the Constitution. (Para 7)
       Neither the main part of Rule 2 not the first proviso have any application to the case of the respondent. The second proviso also cannot apply because it deals with persons appointed to services and posts under the administrative control of Administrator, Chandigarh, who are drawing pay at the rates admissible to corresponding categories of employees of the Government of Punjab. The respondent was not such a person because the post of Science Supervisor in the Union Territory of Chandigarh was not having the same pay scale as that of the District Science Supervisors in the State of Punjab prior to notification dated February 22, 1980 issued by the Government of Punjab. That was the reason why in notification dated May 16, 1980 that was issued by the Union Territory of Chandigarh there was no revision of pay scale for the post of Science Supervisor on the basis of the revision of pay scale for the post District Science Supervisor in the State of Punjab. The respondent cannot, therefore, claim the same pay scale as that of District Science Supervisors on the basis of Rule 2 of the Union Territory Chandigarh Employees Rules, 1996. (Para 8)
       Even though the post of Science Supervisor, on which the respondent has been working, was created in connection with the implementation of the UNICEF Aided Science Education Programme, the said post cannot be treated at par with the post of District Science Supervisor in the State of Punjab. The post of District Science Supervisor in the State of Punjab is a Class II post governed by the Punjab Educational Services (Class II) Rules. Since the respondent has claimed that the post of District Science Supervisor in the State of Punjab is at par with the post of Science Supervisor held by him in the Union Territory of Chandigarh, it was for the respondent to produce the necessary material to show that the qualification prescribed for the two posts is the same is on his part. He has not produced any material in this regard. (Para 9)
       Since the appointment of the respondent on the post of Science Supervisor was by way of transfer on his own pay shows that the post of Science Supervisor on which the respondent was appointed was not a post higher than the post of Science Master but was an equivalent post. There was, therefore, no question of making any selection for making appointment on the said post. The case of the respondent in this regard in negatived by the fact that after his appointment as Science Supervisor by order dated November 29, 1973 the respondent continued to the borne in the cadre of Science Master and was confirmed on the said post with effect from July 31, 1975 by order dated October 6, 1976 and his name is shown in the Gradation List for Masters as on January 1, 1986, therefore, be held that while working as Science Supervisor the respondent is substantively holding the post of Science Master and he cannot claim salary higher than that of Science Master which is being paid to him . (Para 11)

JUDGMENT

S.C. Agrawal, J.-This appeal by special leave has been filed against the judgment of the Central Administrative Tribunal, Chandigarh Bench (hereinafter referred to as the Tribunal ) dated August 17, 1994 in O.A. No. 490/CH/1987 filed by the respondent. By the said judgment the Tribunal, invoking the principle of equal pay for equal work , has held that the respondent, who is working as Science Supervisor in the Union Territory of Chandigarh is entitled to be placed on the scale of Rs. 1200-1700, the pay scale for the post of District Science Supervisors in the State of Punjab.

2. The respondent was appointed as Science Master on temporary basis by order dated August 21, 1973. At that time the respondent was having the qualifications of B.Sc. (III Class) and B.Ed. In connection with the implementation of UNICEF Aided Science Education Programme one temporary post of Science Supervisor was created by order dated September 1, 1973 in the scale of Rs, 200-500. By order dated November 29, 1973 the respondent was transferred as Science Supervisor in his own pay scale in the State Institute of Education, Chandigarh Administration against the newly created post under UNICEF Scheme. The respondent has continued to hold the said post of Science Supervisor. In the meanwhile, by order October 6, 1976, he was confirmed on the post of Science Master in the scale of Rs. 220-500 with effect from July 31, 1975. In 1980, the pay scale for the post of Science Master was revised from Rs. 220-500 to Rs. 620-1200 with effect from January 1, 1978. Subsequently the said pay scale has been revised to Rs. 1640-2925 with effect from July 1, 1986.

3. In the State of Punjab there exists the Class II post of District Science Supervisor, Initially, the said post was in the pay scale of Rs. 700-1100. By notification dated February 2, 1980, the pay scale of the said post was revised to Rs. 1200-1700 with effect from July 1, 1976. Thereafter, the said pay scale has been revised to Rs. 2400-4000 with effect from July 1, 1986.

4. Ever since his transfer on the post of Science Supervisor by order dated November 29, 1973 the respondent had been drawing pay as per the pay scale prescribed for the post of Science Master. In 1987 the respondent moved the Tribunal by filing O.A. No. 490/CH/1987, wherein he claimed for salary in the pay scale of Rs. 700-1100 from the date of his appointment as Science Supervisor and in the scale of Rs. 1200-1700 from the date the said pay scale was revised by the Government of Punjab. The case of the respondent was that he is performing the same duties which are performed by a District Science Supervisor in the State of Punjab and that the scales of Punjab Government employees as revised from time to time have been adopted by the Administration of the Union Territory of Chandigarh and that the action of the Chandigarh Administration in not granting to him the revised pay scale as is given to the District Science Supervisors in the State of Punjab is wholly discriminatory. The said application filed by the respondent was contested by the appellants one the ground that there is no post of District Science Supervisor under the Chandigarh Administration and that the post of District Science Supervisor in the State of Punjab is a Class II post and the qualification required for the post of District Science Supervisor in the State of Punjab is M.Sc. (Second Class) in Physics or Chemistry or Botany or Zoology and the duties of the said post are different from the duties of the post of Science Supervisor in the Union Territory of Chandigarh inasmuch as District Science Supervisors in Punjab perform the duties of checking the Science Laboratories in Middle Schools as also High and Senior Secondary Schools while Science Supervisor in Union Territory of Chandigarh has to perform the duty of checking the Laboratory work in Primary Schools only and the said post is only a Class III post. It was also stated that the respondent is act

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