Back
IN THE HIGH COURT AT CALCUTTA
BIVAS PATTANAYAK
Tripurary Banerjee – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
BIVAS PATTANAYAK, J.
1. The matter is appearing in the list under the heading "For Orders."
2. By the present writ petition, the petitioners seek for removal of discrepancies in the scale of pay and in grade pay of the employees of three-tier Panchayat Raj on the same footing considering the essential eligibility criteria for recruitment to the respective posts.
3. The petitioners contend that they were appointed to the post of "Sahayak" in different Gram Panchayats for the purpose of securing additional assistance in the function of the Gram Panchayat in accounts and other records, in recording resolutions of meetings including those of Gram Sansads and Gram Sabha and follow-up actions thereon and any other works that may be assigned by the Gram Panchayat, in the pay scale of Rs.3150-80-3390-90-4380-100-5680 plus usual allowances as admissible. With the amendments of Rules in 2007 and 2008, the eligibility for recruitment to the post of "Sahayak" Accounts Clerk, Clerk-cum-Typist, Typist, Work Assistant, Assistant Cashier, Telephone-cum- Receptionist, Lower Division Assistant etc. are more or less the same. But surprisingly the scale of pay and grade pay are different. Hence
The principle of equal pay for equal work requires proof of equivalent job functions; without adequate demonstration of such equality, claims for pay parity fail.
The principle of equal pay for equal work under Articles 14 and 39(d) of the Constitution mandates that employees performing similar duties be compensated equally, regardless of title discrepancies.
Direct appointees entitled to pay parity with transferred employees and departmental counterparts performing identical duties, as unequal pay scales violate Articles 14/16; courts rectify arbitrary a....
The principle of equal pay for equal work does not entitle employees to claim parity in pay scales if their recruitment processes differ significantly.
The determination of pay scales is the exclusive domain of the state, and courts should only intervene in cases of constitutional violations.
The main legal point established in the judgment is the requirement for establishing parity in pay scales based on comparative job evaluation and equation of posts, and the burden of proof on the pet....
Equal pay for equal work applies to absorbed employees from merged entities performing identical duties as regulars, entitling pay scale parity, benefits, arrears despite initial lump sum irregular a....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
