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DELHI HIGH COURT
CHANDRA DHARI SINGH
Rajesh Pant – Appellant
Versus
Telecom Disputes Settlement and Appellate Tribunal – Respondent
| Table of Content |
|---|
| 1. factual background of promotion and pay scale issues. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. petitioner's arguments for upgraded pay scale. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 3. respondents' counterarguments against upgraded pay entitlement. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 4. court's analysis on pay parity and equal work principles. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 5. evaluation of precedents on equal pay for equal work. (Para 32 , 33 , 34 , 35 , 36 , 37) |
| 6. court's final consideration of parity in pay based on recruitment modes. (Para 38 , 39 , 40 , 41 , 42 , 43) |
| 7. conclusion that the petitioner is not entitled to increased pay. (Para 44 , 45 , 46 , 47) |
JUDGMENT
Chandra Dhari Singh, J. The instant writ petition under Article 226 of the Constitution of India is filed for issuance of writ of mandamus or any other appropriate writ to quash and set aside order dated 15th May 2012 and for directing the respondents to grant pay band-2 with Grade Pay of Rs.4600, with effect from, 8th August 2008, that is the date of promotion of the petitioner as an assistant.
FACTUAL MATRIX
2. The petitioner was relieved from his post of Upper Division Clerk (her
The principle of 'Equal Pay for Equal Work' is not strictly applied; disparities based on recruitment methods and job responsibilities justify differences in pay.
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 Court affirmed the principle of historical parity in pay scales between Central Secretariat Services and field office employees, mandating equal pay for equal work.
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....
Pay scale – Though Courts would not undertake exercise of determining pay scale keeping in view nature of work by comparing employees who are not similarly placed in cases where exercise of determini....
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