IMPORTANT POINT
Doctrine of equality of pay – when applicable.

JUDGMENT

A. K. Patnaik, J. —

This is an appeal against the order dated 16.05.2007 of the High Court of Punjab & Haryana in C.W.P. No. 17144-CAT of 2001 holding that the respondents, who were working as Senior Dietician and Dietician under the Director Health Services, Chandigarh Administration, are entitled to pay scales at par with their counterparts under the Government of Punjab and directing the appellants to give the pay scales accordingly to the respondents.

2. The President of India in exercise of the powers conferred by the proviso to Article 309 of the Constitution made the Conditions of Service of Union Territory of Chandigarh Employees Rules, 1992 with retrospective from 01.04.1991. The proviso to Rule 2 of these Rules empowered the Administrator to revise the scales of pay of persons appointed to the services and posts under the administrative control of the Administrator, Chandigarh, so as to bring them at par with the scales of pay which may be sanctioned by the Government of Punjab from time to time to the corresponding categories of employees. The Administrator, Union Territory, Chandigarh, notified the revised scales for the posts carrying existing scales in all classes of service by notification dated 03.01.1992 and soon thereafter, the Finance and Planning Officer, Chandigarh Administration, issued a Circular dated 08.01.1992 to all the Heads of Departments/Officers in Chandigarh Administration informing them that the revised pay scales of various posts of their respective departments mentioned in the notification have been revised on the basis of corresponding posts which also exist in the State of Punjab. Respondent nos. 1 and 2, who were then working as Senior Dietician and Dietician posted in the General Hospital, Chandigarh under the Union Territory Administration, Chandigarh, made a representation dated 18.12.1992 to the Finance Secretary of the Union Territory Administration, Chandigarh, that the pay scales of Senior Dietician and Dietician have been revised to Rs.1500 - Rs.2540 and Rs.1350 - Rs.2400 respectively which were not at par with the revised pay scales of Rs.2200-Rs.4000 and Rs.1500- Rs.2640 of the corresponding posts of Dietician and Assistant Dietician respectively under the Government of Punjab. Respondents, however, were informed that they have been allowed revised pay scales as per the conversion technique.

3. Aggrieved, the respondents filed O.A. No. 1017- CH of 1993 before the Central Administrative Tribunal, Chandigarh. By order dated 20.04.2001, however, the Central Administrative Tribunal, Chandigarh Bench, dismissed the O.A. of the respondents after holding that the claim on the basis of equal pay for equal work is not all pervasive as distinctions have to be made on the basis of number of factors as per the law laid down by this Court and if these factors are taken into consideration, the claim of the respondents for parity in pay scales with their counterparts in the State of Punjab was not justified. The respondents then challenged the order dated 20.04.2001 of the Central Administrative Tribunal, Chandigarh Bench, before the High Court of Punjab & Haryana in a petition under Articles 226/227 of the Constitution bearing no. C.W.P. 17144-CAT/2001 and the High Court held in the impugned judgment that the Dietician and Senior Dietician working in the Union Territory Administration, Chandigarh, were entitled to pay scales at par with their counterparts in the State of Punjab and accordingly issued a mandamus to the appellants to grant pay scales of Dietician (Gazetted) of the Directorate of Research and Medical Education, Punjab, to the Senior Dietician in the Union Territory Administration, Chandigarh, and to give pay scales of Dietician (Non-Gazetted) of the Directorate of Research and Medical Education, Punjab, to the Dietician in the Union Territory Administration, Chandigarh.

4. When this Special Leave Petition against the impugned judgment and order of the High Court was l