Back
2002 Supreme(Del) 250
High Court Of Delhi
G.K.K.PILLAI - Appellant
Versus
UNION OF INDIA - Respondent
Decided On : 02/19/2002
Equal pay for equal work is implicit in the doctrine of equality enshrined in article 14 of the Constitution of India.
Headnote:
Pay Scale Disparity - Border Security Force - 5th Pay Commission - Clause 7, Ministry of Home Affairs Order dated 30/09/1997 - Central Police Organisations - Delhi Police - ASI (Radio Operators/ciphers/radio mechanics) - Rs. 4000-100-6000, Rs. 4500-125-7000, Rs. 5000-150-8000 - The court directed the respondents to bring parity in respect of pay scale of the personnel of Communication wing (ASIs) of BSF with the communication wing (ASIs) of Delhi Police by granting the same pay scale of Rs. 5000-150-8000 to the petitioners w. e. f. the date it has been granted to the ASIs, wireless, radio operators, technicians in Delhi Police. Arrears of difference be paid within a period of three months from the date of order.
Fact of the Case:
The petitioners, ASIs in the Border Security Force, sought parity in pay scale with ASIs in Delhi Police, citing anomalies in the rank structure and pay scales of various cadres in the Central Police Organisations.
Finding of the Court:
The court found that the petitioners were entitled to the revised pay scale of Rs. 5000-8000, as recommended by the Border Security Force and directed the respondents to bring parity in pay scale with Delhi Police.
Issues: The main issue was the disparity in pay scale between ASIs in the Border Security Force and Delhi Police, despite the recommendation for parity by the 5th Pay Commission and the Ministry of Home Affairs order.
Ratio Decidendi: The court held that equal pay for equal work is implicit in the doctrine of equality enshrined in article 14 of the Constitution of India, and the non-grant of similar pay scale as that of Delhi Police was irrational and without any basis.
Final Decision: The court ruled in favor of the petitioners, directing the respondents to grant the same pay scale of Rs. 5000-150-8000 to the petitioners and to pay arrears of difference within three months from the date of the order.
( 1 )
( 2 ) THE present petition has been filed by the assistant Sub~inspectors (Radio Operators/ciphers/radio mechanics) working in the Border Security Force. Dr. Shyamala Pappu, learned senior counsel for the petitioners has contended that as there were anomalies in the existing rank structure and pay scales of various cadres in the Central Police Organisations including the border Security Force, the matter was referred to 5th Pay commission. The 5th Pay Commission after considering the anomalies in the rank structure and pay scale of the central Police Organisations recommended parity among the employees of different Central Police Organisations in respect of rank structure, pay scale and other service conditions.
( 3 ) THE Government of India, Ministry of Finance vide its letter dated 30/09/1997 duly notified in the Gazette of India, after careful consideration of the recommendation of the 5th Pay Commission which inter alia contained Clause 7 to the following effect;
"introspect of personnel of Central police Organisations, in the rank from constable to Subedar Major, Ministry of Home affairs will carry out an exercise for rationalisation of ranks so as to achieve parity with Delhi Police, pending which the scales recommended by the Fifth Code of Civil Procedure will be applied. "
( 4 ) IN the said annexure containing Part A, inter alia, reflected the existing scales of pay grades and the revised scales of pay was also notified. I need not go into the other scales of pay and grades. Suffice it would be to quote the relevant scale of pay which are relevant for adjudication of the matter as under :-It is the contention of the petitioner that although the Government rationalised the rank structure and pay scale of Central Police Organisations at par with delhi Police, however, the petitioners who are ASI in the communication wing of the Border Security Force (BSF) have not been accorded the benefits accrued to them because of the aforesaid rationalisation and the petitioners are receiving lesser pay scale than that of delhi Police Assistant Sub-Inspector performing the same duties. Counsel for the petitioner relied upon Annexure 4 which is at page 48 of the paper-book, which is a statement regarding revised pay pay scale in respect of officers of Delhi Police. The same is as follows :
( 5 ) IT was contended before me that the Director general, Border Security Force itself recommended the case of ASI working under the BSF as operator/ciphers/radio mechanics for getting the grade of rs. 5000-150-8000 in the said recommendation. The additional points which/were recommended by the BSF to the Central Government highlighted the fact that as the government has recommended the pay scale of Central police Organisations at par with Delhi Police, the promotion avenue in the BSF personnel remains in the rank of ASIs for about more than 10 years and, therefore, the asis in BSF will be benefited even if the special pay is not given and finally at page 54 of the paper-book it was recommended that the ASIs serving in the BSF should be given the grade of Rs. 5000-150-8000 so as to bring the asis working in the BSF on parity with the pay scale of the ASIs working in Delhi Police as radio mechanics.
( 6 ) IT was contended by counsel for the petitioners that in view of the gazette notification issued by the government of India as reproduced above, there is no reason why the petitioner be discriminated and the revised pay scale of Rs. 5000-150-8000 be not given to the petitioner when the same grade is given to the Assistant sub-Inspector/radio Operators performing the same duties.
( 7 ) ON the other hand, Mr. Keshav Dayal, learned senior counsel for the respondents has contended that the respondents have brought parity to the extent as mentioned in the Ministry of Home Affairs order dated 10. 10. 1997. It was contended that in view of 5th Pay commission report the pay scale of head constable/radio mechanics have been merged with ASI/r
