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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT GOA
M. S. Sonak, R. N. Laddha, JJ.
Shayani U. Naik & Ors. – Appellants
Versus
State Of Goa – Respondent
Writ Petition No. 809 of 2015
Decided On : 12-07-2022
Equal Pay for Equal Work - Legal Assistants - Article 226 - 9300-34800+4200 (GP) in PB-2 - The court discussed the application of the doctrine of equal pay for equal work, the interpretation of Article 39(d) and Article 14 of the Constitution of India, and the relevance of Recruitment Rules and duties performed by the employees. The court found that the petitioners were entitled to the same pay scale as other Legal Assistants working in the Law Department and directed the respondent to place the petitioners in the pay scale of 9300-34800+4200 (GP) in PB-2, with retrospective effect from the date of filing the Writ Petition.
Fact of the Case:
The petitioners sought directions to be placed in the same pay band as other Legal Assistants in the Law Department, Secretariat, citing equal work and discrimination in pay scale. The Government had maintained different pay scales for Legal Assistants in the same department, leading to the petitioners' claim for equal pay.
Finding of the Court:
The court found that the petitioners were performing identical work as other Legal Assistants in the Law Department and were entitled to the same pay scale under the doctrine of equal pay for equal work.
Issues: The main issue was whether the petitioners, who were performing the same duties as other Legal Assistants in the Law Department, were entitled to the same pay scale.
Ratio Decidendi: The court applied the doctrine of equal pay for equal work, considered the Recruitment Rules, and found that the petitioners were entitled to the same pay scale as other Legal Assistants in the Law Department.
Final Decision: The court directed the respondent to place the petitioners in the pay scale of 9300-34800+4200 (GP) in PB-2, with retrospective effect from the date of filing the Writ Petition.
JUDGMENT
R.N. Laddha, J. - By this Writ Petition under Article 226 of the Constitution of India, the petitioners seek directions to the respondent to place them in the Pay Band of 9300-34800+4200 (GP) in ? PB-2, at par with the other Legal Assistants working in the Law Department, Secretariat w.e.f. the date of joining their duties in the said Department. Further, a direction is also sought to order the respondent to grant all the consequential benefits relating to the said Pay Band, including arrears of pay and other benefits incidental thereto.
2. The facts germane to this writ petition may briefly be stated as follows:
Petitioners were appointed as Legal Assistants by the Electricity Department of the State of Goa on 18.04.2007. They were admittedly selected by a duly constituted Selection Committee against the posts created vide order dated 22.01.2007 in the pay scale of ?4500-125-7000. Again, it is undisputed that they were duly confirmed in their respective posts in the year 2010.
3. The Government of Goa desired to strengthen the Law Department at the Secretariat, where the volume of legal work was considerable. In that view of the matter, to fill up three posts of Legal Assistants in the General Administration Department, an advertisement for three posts of Legal Assistants, then in the pay scale of ?4500-125- 7000 (pre-revised)(provisional), was published. Upon the publication of the said advertisement, the Government, as a part of the austerity measures, decided to transfer four posts of Legal Assistants, i.e. of the petitioners herein and two from the Directorate of Transport to the General Administration Department, Secretariat to be deployed under the Law Department, Secretariat. Accordingly, orders were issued. In June 2010, the petitioners reported for duty to the General Administration Department, Secretariat. On 15.06.2010, by an order issued by the General Administration Department, the petitioners were transferred and posted to the Law Department with immediate effect in the pay scale of PB-1 ?5200-20200+GP ?2800.
4. The Government of Goa, while accepting the recommendations of the Fifth Pay Commission, had ordered that all revisions in the pay scale w.e.f. 01.01.1986 and up to December, 1995, shall be ignored to grant pay scales under the Fifth Pay Commission. Accordingly, the pay scales of the Secretariat cadre, including the Legal Assistants working in the General Administration Department/Law Department of the Secretariat, were fixed, taking into account the prerevised scales. In other words, they were given the pay scale of ?4500- 125-7000 upon implementing the Fifth Pay Commission Recommendations.
5. The Legal Assistants in the Law Department, appointed by direct recruitment in the revised pay scale of ?1640-60-2900, were given the corresponding pay scale of ?5500-9000 under the Fifth Pay Commission Recommendations as a consequence of which, a weird situation arose in the General Administration Department/Law Department. Whereas some Legal Assistants were getting their pay in the pay scale of ?4500-125-7000, the others were receiving their pay in the pay scale of ?5500-9000, with the result that two sets of employees belonging to the same cadre and doing the same work in the said posts were receiving the pay in different pay scales.
6. The Legal Assistants, who were given a lower pay scale of ?4500-125-7000, after the implementation of the Fifth Pay Commission, filed several writ petitions before the High Court of Bombay at Goa complaining about this discrimination and sought a writ of mandamus to direct the Government to place them in the pay scale of ?5500-9000 under the Fifth Pay Commission with effect from 01.01.1996. The said petitions came to be allowed, and it was directed that all the Legal Assistants working in the General Administration Department/Law Department, Secretariat of the Government of Goa shall be given the pay scale of ?5500-9000. However, while implementing the Sixth Central Pay Commiss
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