The principle of 'equal pay for equal work' applies to cases of unequal pay scales based on no classification or irrational classification, and persons discharging identical duties cannot be treated differently based on departmental differences.

ORDER :

This petition under Article 226 of the Constitution of India has been filed for setting aside the order dated 8.10.2012 (Annexure P/1) passed by respondent No.3 and for issuing a writ in the nature of mandamus directing the respondents to grant pay scale of Rs.5200-20200 + 2400 grade pay w.e.f. 1.4.2006.

2. Brief facts of the case are that the petitioners are working on the post of Pharmacist Grade-II in Jail Department, whose initial pay scale was Rs.3050-75-3950-80-4590 which is not increased upto Rs.5200-20200 + 1900 grade pay. Petitioners No. 1 and 2 were appointed in the year 1998, petitioner No.3 was appointed in 1999 whereas petitioners No. 4 to 17 were appointed in the year 2008. At the time of their appointment, the minimum requisite qualification for the post of Pharmacist Grade-II was 10+2/Higher Secondary Pass in Science subject. The minimum qualification for appointment on the post of Pharmacist Grade-II is also exactly similar in the Health Services Department, but on the basis of recommendation of D.N. Tiwari Committee, the pay scale of Rs.5200-20,200 + 2400 grade pay was given to Pharmacist Grade-II of Health Services Department w.e.f. 1.4.2006 whereas the present petitioners who are also working on the post of Pharmacist Grade-II in Jail Department are getting lower pay scale of Rs.5200-20,200 + 1900 grade pay. The nature of work, responsibility and liability of Pharmacist Grade-II working in Jail Department are higher than the Pharmacist Grade-II working in Health Services Department, but the respondent authorities have wrongly denied the pay scale of Rs.5200-20,200 + 2400 grade pay without any just and cogent reason. The aforesaid action on the part of the respondent authorities is arbitrary and discriminatory being violative of Article 14 & 39(d) of the Constitution of India. Hence this petition for the following reliefs:

“10.1 The Hon’ble Court may kindly be pleased to issue notice to the respondents returnable within early date of hearing.

10.2 The Hon’ble Court may kindly be pleased to set-aside the impugned order Annexure P-1 dated 08.10.2012, passed by respondent no.3.

10.3 The Hon’ble Court may kindly be pleased to issue a writ in the nature of mandamus directing the respondents to grant pay-scale of Rs.5200-20200 + 2400 grade pay w.e.f. 01.04.2006.

10.4 The Hon’ble Court may kindly be pleased to grant any other ancillary relief, as it may deem fit and proper in the facts and circumstances of the case.

10.5 Cost of the petition.”

3. Learned counsel for the petitioner submits that the impugned order is contrary to the minimum educational qualification fixed by the respondents in respect of appointment of the petitioners as there was no difference in the qualification for appointment on the post of Pharmacist Grade-II between the Jail Department and Health Services Department, hence the same is liable to be set aside. The nature of work of the petitioners is more qualitative than the nature of work of Health Services Department, therefore, also the petitioners are entitled for the pay scale granted to Pharmacist Grade-II of the Health Services Department. The responsibility and liability of Pharmacist Grade-II of Jail Department is higher than that of Pharmacist Grade-II of Health Services Department. The action of the respondent authorities is discriminatory being violative of Article 14 of the Constitution of India i.e. equal pay for equal work as the respondent authorities without any rational basis discriminated the similarly placed persons. Article 39(d) of the Constitution of India provides that the State shall in particular direct its policy towards securing that there is equal pay for equal work both men and women, but here in the present case, violating the aforesaid mandate, the respondent authorities have deprived the petitioners from the pay scale granted to the similarly situated person