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G.L.OZA, K.JAGANNATHA SHETTY
State Of U. P. – Appellant
Versus
J. P. Chaurasia – Respondent
The Court clarified that the principle of "Equal Pay for Equal Work" is not explicitly enshrined as a fundamental right in the Constitution but is recognized as a constitutional goal and a Directive Principle of State Policy. This distinction emphasizes that the aim of achieving equal pay is a constitutional objective that guides legislative and administrative actions rather than a directly enforceable fundamental right (!) .
Furthermore, the Court emphasized that the task of classifying posts and fixing pay scales, including allowances such as House Rent Allowance (HRA), falls within the domain of the executive branch of government. These functions are administrative in nature and are to be carried out by expert bodies like Pay Commissions or relevant administrative authorities. The judiciary's role is limited to examining whether such classifications and determinations are made on reasonable grounds and are free from extraneous considerations. Unless there is evidence of arbitrariness or mala fide, courts generally do not interfere with executive decisions regarding classification and pay scales (!) (!) .
JUDGMENT
JAGANNATHA SHETTY, J.:— This appeal by special leave is from a judgment of the High Court of Allahabad dated November 6, 1985 passed in Civil Misc. Writ Petition No. 4211 of 1983. The appeal raises a question of considerable importance. The question is whether it is permissible to have two pay scales in the same cadre for persons having same duties and having same responsibilities. The High Court has answered the question in the negative. It is said that it would be violative of the constitutional right of "equal pay for equal work."
2. The facts are not in dispute. They will be found correctly stated in the judgment under appeal and may briefly be stated thus :
Prior to 1965, in the High Court of Allahabad, Bench Secretaries were on a higher pay scale than that of Section Officers. They were in the pay scale of Rs. 160-320/- as against the pay scale of Rs. 120-300/- to Section Officers. In 1965 the State Government appointed a Pay Rationalisation Committee with wide ranging reference. The Committee was asked to consider the duties and responsibilities of different categories of posts. It was required to consider and recommend changes to reduce the number of then existing pa
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