1972 Supreme(Del) 245
High Court Of Delhi
BINOY KUMAR MUKERJI - Appellant
Versus
UNION OF INDIA - Respondent
L.P.A. 94 of 1970
Decided On : 10/27/1972
Kamlesh Bansal, Priti Chaku, R.K.Mehra, URMILA KAPUR
Articles 14 and 16 of the Constitution do not require equal pay for equal work between different classes of employees under the State. Equality of opportunity in matters of employment applies only to members of the same class of employees.
Headnote:
CONSTITUTIONAL LAW - ARTICLES 14 AND 16 - EQUAL PAY FOR EQUAL WORK - NOT AN ABSOLUTE RIGHT - CLASSIFICATION OF EMPLOYEES INTO DIFFERENT CLASSES - EQUALITY WITHIN EACH CLASS ONLY - REVISION OF PAY SCALE - NO LEGAL RIGHT - MERE EXECUTIVE MUNIFICENCE - CANNOT BE MADE RETROSPECTIVE.
Fact of the Case:
Surveyors in the All India Soil and Land Use Survey Scheme (Scheme) sought equal pay with surveyors in other governmental organizations, claiming that their qualifications, duties, and responsibilities were similar. The revised pay scale for surveyors in the Scheme was made effective from 1st July 1966, while for surveyors in other organizations, it was effective from 1st July 1959. The appellant, a surveyor in the Scheme, filed a petition seeking retrospective effect of the revised pay scale from 1st July 1959.
Finding of the Court:
The court held that the appellant's claim for equal pay with surveyors in other organizations was not tenable as Article 14 of the Constitution does not require equal pay for equal work. The court also held that the appellant did not belong to the same class as surveyors in other organizations and, therefore, was not entitled to equal treatment. The court further held that the revision of the pay scale was a mere executive munificence and not a legal right, and hence, could not be made retrospective.
Issues: 1. Whether Article 14 of the Constitution requires equal pay for equal work? 2. Whether surveyors in the Scheme belonged to the same class as surveyors in other organizations and were entitled to equal treatment? 3. Whether the revision of the pay scale was a legal right or a mere executive munificence?
Ratio Decidendi: 1. The court held that Article 14 of the Constitution does not require equal pay for equal work, as incremental scales of pay based on duration of service are permissible. 2. The court held that surveyors in the Scheme did not belong to the same class as surveyors in other organizations, as their qualifications were different until 3rd October 1961. 3. The court held that the revision of the pay scale was a mere executive munificence and not a legal right, as there was no legal compulsion to do so.
Final Decision: The court dismissed the appeal, holding that the appellant's claim for equal pay with surveyors in other organizations was not tenable, and that the revision of the pay scale was a mere executive munificence and could not be made retrospective.
( 1 ) IN or about 1959 a number of presons were appointed as surveyors in the All India Soil and Land Use Survey Scheme, under the Ministry of Food and Agriculture, which we will call the Scheme . The appellant was one such, and was appointed on 2nd November 1959. The scale of pay of these surveyors was Rs. 60-150. On 3rd February 1960, they sent a representation to the concerned authority requesting that as surveyors in other organisations of the Government of India were given a pay scale of Rs. 100-185 they ought to receive the same, as their qualifications and duties were similar to those of the other surveyors. The higher scale was apparently paid to surveyors in the Oil and Natural Gas Commission, Geological Survey of India, Indian Bureau of Mines, Atomic Energy Commission, Ministry of Steel, Mines and Fuel and the Exploratory Tubewells Organisation. By a letter dated 30th June 1960, surveyors in the Scheme were informed that the scales of pay of Central Government Employees were under revision by the Second Pay Commission, and no further action could be taken until the revised scales of pay were announced by the Government,
( 2 ) THE President gave effect to the recommendations of the Second Pay Commission by promulgating the Central Civil Services (Revised Pay) Rules 1960 on 2nd August 1960. Rule l (ii) gave retrospective effect to the revised scales of pay, specified in the schedule to the Rules, as from 1st July 1959. Certain amendments were made in the schedule by a notification published on 26th October 1960. As a result of the Revised Pay Rules, as amended, the scale of pay of surveyors employed in the Scheme was raised to Rs. 110-200, whereas that of surveyors in the other organisations was raised to Rs. 150- 240. This difference existed because their respective previous scales were different, it seems, that in implementing the report of the Second Pay Commission, surveyors in the Scheme were treated on par with draftsmen and tracers, and not surveyors. Thus, notwithstanding the fact that their pay scale was raised by the Rules, the grievance of surveyors in the Scheme that they were not treated on par with surveyors in other governmental organisations survived.
( 3 ) SO, they continued to make representations, over a number of years, seeking redress. Their perseverance ultimately bore fruit. By a letter dated 15th June 1966 they were informed that the President had sanctioned the scale of Rs. 150-240 for them, to take effect from 1st July 1966, thus bringing them on par with other surveyors. But, they were still not entirely content. Having got thus far, they claimed that this revision in their scale of pay ought to have been made retrospective to take effect from 1st July 1959. To this end, a number of further representations followed which were ultimately rejected by the President; and by a letter dated 22nd August 1967, surveyors in the Scheme were informed accordingly. The appellant then filed a petition in this court seeking appropriate orders, in the nature of certiorari and mandamus, as would secure that the revision in his scale of pay made by the order of 15th June 1966 would have retrospective effect from 1st July 1959. A learned Single Judge of this Court dismissed that petition, and the appellant has appealed.
( 4 ) THE case of the appellant is simple. He contends, that the qualifications, duties and responsibilities of surveyors in the Scheme were at all times the same or similar to those or surveyors in the other governmental organisations, and so their pay scales ought to have been the same from the beginning. The quality, he maintains, was recognised by the order of 15th June 1966, but it left a residue of discrimination because the revised pay scale of Rs. 150-240 was made effective for surveyors in the Scheme from 1st July 1966 and not 1st July 1959, the date from which surveyors in the other organisations were given that scale. This chronological discrimination, he urges, vi