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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
N.V. ANJARIA, NIRAL R. MEHTA, JJ.
MANISHKUMAR PRAHLADBHAI PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent
R/LETTERS PATENT APPEAL NO. 336 of 2022 In R/SPECIAL CIVIL APPLICATION NO. 15708 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO. 360 of 2022 In SPECIAL CIVIL APPLICATION NO. 15709 of 2016 With R/LETTERS PATENT APPEAL NO. 361 of 2022 In SPECIAL CIVIL APPLICATION NO. 15718 of 2016 With R/LETTERS PATENT APPEAL NO. 363 of 2022 In SPECIAL CIVIL APPLICATION NO. 15710 of 2016 With R/LETTERS PATENT APPEAL NO. 365 of 2022 In SPECIAL CIVIL APPLICATION NO. 15701 of 2016 With R/LETTERS PATENT APPEAL NO. 366 of 2022 In SPECIAL CIVIL APPLICATION NO. 15717 of 2016 With R/LETTERS PATENT APPEAL NO. 367 of 2022 In SPECIAL CIVIL APPLICATION NO. 15712 of 2016 With R/LETTERS PATENT APPEAL NO. 368 of 2022 In SPECIAL CIVIL APPLICATION NO. 15713 of 2016 With R/LETTERS PATENT APPEAL NO. 369 of 2022 In SPECIAL CIVIL APPLICATION NO. 15705 of 2016 With R/LETTERS PATENT APPEAL NO. 370 of 2022 In SPECIAL CIVIL APPLICATION NO. 15720 of 2016 With R/LETTERS PATENT APPEAL NO. 371 of 2022 In SPECIAL CIVIL APPLICATION NO. 15707 of 2016 With R/LETTERS PATENT APPEAL NO. 373 of 2022 In SPECIAL CIVIL APPLICATION NO. 15716 of 2016 With R/LETTERS PATENT APPEAL NO. 372 of 2022 In SPECIAL CIVIL APPLICATION NO. 15714 of 2016 With R/LETTERS PATENT APPEAL NO. 374 of 2022 In SPECIAL CIVIL APPLICATION NO. 15715 of 2016 With R/LETTERS PATENT APPEAL NO. 375 of 2022 In SPECIAL CIVIL APPLICATION NO. 15703 of 2016 With R/LETTERS PATENT APPEAL NO. 376 of 2022 In SPECIAL CIVIL APPLICATION NO. 15721 of 2016 With R/LETTERS PATENT APPEAL NO. 377 of 2022 In SPECIAL CIVIL APPLICATION NO. 15704 of 2016 With R/LETTERS PATENT APPEAL NO. 362 of 2022 In SPECIAL CIVIL APPLICATION NO. 15719 of 2016 With R/LETTERS PATENT APPEAL NO. 364 of 2022 In SPECIAL CIVIL APPLICATION NO. 15702 of 2016 With R/LETTERS PATENT APPEAL NO. 908 of 2022 In SPECIAL CIVIL APPLICATION NO. 15711 of 2016 With R/LETTERS PATENT APPEAL NO. 936 of 2022 In SPECIAL CIVIL APPLICATION NO. 12769 of 2020 With R/LETTERS PATENT APPEAL NO. 909 of 2022 In SPECIAL CIVIL APPLICATION NO. 11242 of 2020 With R/LETTERS PATENT APPEAL NO. 938 of 2022 In SPECIAL CIVIL APPLICATION NO. 9828 of 2020 With R/LETTERS PATENT APPEAL NO. 926 of 2022 In SPECIAL CIVIL APPLICATION NO. 9867 of 2020 With R/LETTERS PATENT APPEAL NO. 943 of 2022 In SPECIAL CIVIL APPLICATION NO. 4707 of 2021 With R/LETTERS PATENT APPEAL NO. 940 of 2022 In SPECIAL CIVIL APPLICATION NO. 13662 of 2020 With R/LETTERS PATENT APPEAL NO. 918 of 2022 In SPECIAL CIVIL APPLICATION NO. 3847 of 2022 With R/LETTERS PATENT APPEAL NO. 934 of 2022 In SPECIAL CIVIL APPLICATION NO. 12529 of 2020 With R/LETTERS PATENT APPEAL NO. 930 of 2022 In SPECIAL CIVIL APPLICATION NO. 12470 of 2020 With R/LETTERS PATENT APPEAL NO. 916 of 2022 In SPECIAL CIVIL APPLICATION NO. 12590 of 2020 With R/LETTERS PATENT APPEAL NO. 927 of 2022 In SPECIAL CIVIL APPLICATION NO. 9885 of 2020 With R/LETTERS PATENT APPEAL NO. 929 of 2022 In SPECIAL CIVIL APPLICATION NO. 1841 of 2021 With R/LETTERS PATENT APPEAL NO. 942 of 2022 In SPECIAL CIVIL APPLICATION NO. 12888 of 2020 With R/LETTERS PATENT APPEAL NO. 944 of 2022 In SPECIAL CIVIL APPLICATION NO. 9875 of 2020 With R/LETTERS PATENT APPEAL NO. 937 of 2022 In SPECIAL CIVIL APPLICATION NO. 9882 of 2020 With R/LETTERS PATENT APPEAL NO. 935 of 2022 In SPECIAL CIVIL APPLICATION NO. 9887 of 2020 With R/LETTERS PATENT APPEAL NO. 924 of 2022 In SPECIAL CIVIL APPLICATION NO. 3753 of 2022 With R/LETTERS PATENT APPEAL NO. 931 of 2022 In SPECIAL CIVIL APPLICATION NO. 9886 of 2020 With R/LETTERS PATENT APPEAL NO. 923 of 2022 In SPECIAL CIVIL APPLICATION NO. 14488 of 2020 With R/LETTERS PATENT APPEAL NO. 939 of 2022 In SPECIAL CIVIL APPLICATION NO. 9830 of 2020 With R/LETTERS PATENT APPEAL NO. 925 of 2022 In SPECIAL CIVIL APPLICATION NO. 12715 of 2020 With R/LETTERS PATENT APPEAL NO. 933 of 2022 In SPECIAL CIVIL APPLICATION NO. 9881 of 2020 With R/LETTERS PATENT APPEAL NO. 941 of 2022 In SPECIAL CIVIL APPLICATION NO. 12610 of 2020 With R/LETTERS PATENT APPEAL NO. 911 of 2022 In SPECIAL CIVIL APPLICATION NO. 9865 of 2020 With R/LETTERS PATENT APPEAL NO. 922 of 2022 In SPECIAL CIVIL APPLICATION NO. 13797 of 2020 With R/LETTERS PATENT APPEAL NO. 932 of 2022 In SPECIAL CIVIL APPLICATION NO. 12718 of 2020 With R/LETTERS PATENT APPEAL NO. 921 of 2022 In SPECIAL CIVIL APPLICATION NO. 12716 of 2020 With R/LETTERS PATENT APPEAL NO. 917 of 2022 In SPECIAL CIVIL APPLICATION NO. 14151 of 2020 With R/LETTERS PATENT APPEAL NO. 919 of 2022 In SPECIAL CIVIL APPLICATION NO. 14208 of 2020 With R/LETTERS PATENT APPEAL NO. 920 of 2022 In SPECIAL CIVIL APPLICATION NO. 3791 of 2022 With R/LETTERS PATENT APPEAL NO. 914 of 2022 In SPECIAL CIVIL APPLICATION NO. 12937 of 2020 With R/LETTERS PATENT APPEAL NO. 913 of 2022 In SPECIAL CIVIL APPLICATION NO. 14147 of 2020 With R/LETTERS PATENT APPEAL NO. 915 of 2022 In SPECIAL CIVIL APPLICATION NO. 11400 of 2020 With R/LETTERS PATENT APPEAL NO. 912 of 2022 In SPECIAL CIVIL APPLICATION NO. 12938 of 2020 With R/LETTERS PATENT APPEAL NO. 928 of 2022 In SPECIAL CIVIL APPLICATION NO. 14100 of 2020 With R/LETTERS PATENT APPEAL NO. 1162 of 2022 In SPECIAL CIVIL APPLICATION NO. 12798 of 2018 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 360 of 2022 In SPECIAL CIVIL APPLICATION NO. 15709 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 361 of 2022 In SPECIAL CIVIL APPLICATION NO. 15718 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 363 of 2022 In SPECIAL CIVIL APPLICATION NO. 15710 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 365 of 2022 In SPECIAL CIVIL APPLICATION NO. 15701 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 366 of 2022 In SPECIAL CIVIL APPLICATION NO. 15717 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 367 of 2022 In SPECIAL CIVIL APPLICATION NO. 15712 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 368 of 2022 In SPECIAL CIVIL APPLICATION NO. 15713 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 369 of 2022 In SPECIAL CIVIL APPLICATION NO. 15705 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 370 of 2022 In SPECIAL CIVIL APPLICATION NO. 15720 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 371 of 2022 In SPECIAL CIVIL APPLICATION NO. 15707 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 373 of 2022 In SPECIAL CIVIL APPLICATION NO. 15716 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 372 of 2022 In SPECIAL CIVIL APPLICATION NO. 15714 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 374 of 2022 In SPECIAL CIVIL APPLICATION NO. 15715 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 375 of 2022 In SPECIAL CIVIL APPLICATION NO. 15703 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 376 of 2022 In SPECIAL CIVIL APPLICATION NO. 15721 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 377 of 2022 In SPECIAL CIVIL APPLICATION NO. 15704 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 362 of 2022 In SPECIAL CIVIL APPLICATION NO. 15719 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 364 of 2022 In SPECIAL CIVIL APPLICATION NO. 15702 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 908 of 2022 In SPECIAL CIVIL APPLICATION NO. 15711 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 936 of 2022 In SPECIAL CIVIL APPLICATION NO. 12769 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 909 of 2022 In SPECIAL CIVIL APPLICATION NO. 11242 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 938 of 2022 In SPECIAL CIVIL APPLICATION NO. 9828 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 926 of 2022 In SPECIAL CIVIL APPLICATION NO. 9867 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 943 of 2022 In SPECIAL CIVIL APPLICATION NO. 4707 of 2021 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 940 of 2022 In SPECIAL CIVIL APPLICATION NO. 13662 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 918 of 2022 In SPECIAL CIVIL APPLICATION NO. 3847 of 2022 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 934 of 2022 In SPECIAL CIVIL APPLICATION NO. 12529 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 930 of 2022 In SPECIAL CIVIL APPLICATION NO. 12470 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 916 of 2022 In SPECIAL CIVIL APPLICATION NO. 12590 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 927 of 2022 In SPECIAL CIVIL APPLICATION NO. 9885 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 929 of 2022 In SPECIAL CIVIL APPLICATION NO. 1841 of 2021 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 942 of 2022 In SPECIAL CIVIL APPLICATION NO. 12888 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 944 of 2022 In SPECIAL CIVIL APPLICATION NO. 9875 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 937 of 2022 In SPECIAL CIVIL APPLICATION NO. 9882 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 935 of 2022 In SPECIAL CIVIL APPLICATION NO. 9887 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 924 of 2022 In SPECIAL CIVIL APPLICATION NO. 3753 of 2022 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 931 of 2022 In SPECIAL CIVIL APPLICATION NO. 9886 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 923 of 2022 In SPECIAL CIVIL APPLICATION NO. 14488 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 939 of 2022 In SPECIAL CIVIL APPLICATION NO. 9830 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 925 of 2022 In SPECIAL CIVIL APPLICATION NO. 12715 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 933 of 2022 In SPECIAL CIVIL APPLICATION NO. 9881 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 941 of 2022 In SPECIAL CIVIL APPLICATION NO. 12610 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 911 of 2022 In SPECIAL CIVIL APPLICATION NO. 9865 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 922 of 2022 In SPECIAL CIVIL APPLICATION NO. 13797 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 932 of 2022 In SPECIAL CIVIL APPLICATION NO. 12718 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 921 of 2022 In SPECIAL CIVIL APPLICATION NO. 12716 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 917 of 2022 In SPECIAL CIVIL APPLICATION NO. 14151 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 919 of 2022 In SPECIAL CIVIL APPLICATION NO. 14208 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 920 of 2022 In SPECIAL CIVIL APPLICATION NO. 3791 of 2022 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 914 of 2022 In SPECIAL CIVIL APPLICATION NO. 12937 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 913 of 2022 In SPECIAL CIVIL APPLICATION NO. 14147 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 915 of 2022 In SPECIAL CIVIL APPLICATION NO. 11400 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 912 of 2022 In SPECIAL CIVIL APPLICATION NO. 12938 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 928 of 2022 In SPECIAL CIVIL APPLICATION NO. 14100 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 1162 of 2022 In SPECIAL CIVIL APPLICATION NO. 12798 of 2018.
Decided On : 05-05-2023
EQUAL PAY FOR EQUAL WORK - TEACHERS - Gujarat Secondary And Higher Secondary Education Regulation, 1974 - [Regulation 20] - The court dismissed the petitions seeking the benefit of equal pay for equal work vis-a-vis the other secondary teachers, in different subjects who had the qualification of the degree whereas the petitioners were Diploma holders teaching the subject of drawing. The court held that the classification for pay-scale based on the different qualification existed from the year 1973 and was reasonable and based upon intelligible differentia. The court observed that the onus to prove about parity in duties and responsibilities attached to the post while pleading ‘equal pay for equal work’ lies on the person who claims it. The court also set aside the recovery orders passed against the petitioners due to the reduction of pay scale, citing undue financial hardship.
Fact of the Case:
The petitioners, secondary school teachers teaching drawing, sought equal pay as other secondary teachers with degree qualifications. The court found that the petitioners were appointed in 2002 and regularized in 2007, and had not raised any grievance regarding pay parity until 2020 and 2022. The court dismissed the petitions on the grounds of delay, laches, and acquiescence.
Finding of the Court:
The court found that the difference in educational qualifications amongst the Secondary Teachers formed a valid basis for classifying them differently for the purpose of giving them different pay-scale. The court held that the classification based on educational qualification is a reasonable and acceptable classification, and that the petitioners could not be compared with other trained graduate degree holder secondary teachers to seek parity in the pay-scales.
Issues: The issues revolved around the petitioners' claim for equal pay for equal work, the classification of pay-scales based on different educational qualifications, and the recovery orders passed against the petitioners due to the reduction of pay scale.
Ratio Decidendi: The court held that the classification for pay-scale based on the different qualification existed from the year 1973 and was reasonable and based upon intelligible differentia. The court also observed that the onus to prove about parity in duties and responsibilities attached to the post while pleading ‘equal pay for equal work’ lies on the person who claims it.
Final Decision: The court dismissed all the Letters Patent Appeals and the Civil Applications, and set aside the recovery orders passed against the petitioners due to the reduction of pay scale, citing undue financial hardship. The court also continued the interim stay in some of the Special Civil Applications until 17.8.2023 to enable the appellants-petitioners to approach the higher forum.
JUDGMENT :
(N.V. Anjaria, J.)
1. This batch of Letters Patent Appeals preferred under Clause 15 of the Letters Patent, wherein the appellants are original petitioners, is directed against common judgment and order dated 18.2.2022 of learned single Judge dismissing all Special Civil Applications. Thereby the prayer of the petitioners for applying the principle of ‘equal pay for equal work’ in respect of pay-band for them came to be rejected holding that there was a valid and reasonable classification for the purpose of extending different pay scales based on the educational qualifications.
1.1 Amongst the group of the above petitions in some cases the pay scales were reduced on the ground that higher pay scales was given by mistake and consequently recovery orders were passed. Learned single Judge set aside the recovery but denied the application of ‘equal pay for equal work.’
2. As the factual setting in all the cases are similar, the representative facts are drawn from the record of Letters Patent Appeal No.926 of 2022 relatable to Special Civil Application No.9867 of 2020, which was treated as main by both the sides to make submissions.
3. The following prayers were made in the petition.
(ii) Set aside the order dated 16.4.2009 by which the petitioner is paid salary in the pay scale of 5200-20200 and thereby direct the respondents to pay to the petitioner salary in the pay scale of 9300-34800 (Grade Pay 4200) with effect from 10.6.2007.
(iii) Declare that the petitioner is entitled to get equal pay / salaries, allowances and benefits at par with the other Secondary Teacher of equivalent grade, employed by the respondents authorities doing similar nature of work retrospectively from the date on which the petitioner has given the status of regular employment.”
3.1 In other words, the prayers in different petitions related to direct the respondents to pay the same salary to the petitioners as paid to other secondary Teachers. The Office Order and the Notification dated 16.4.2009 whereby the petitioners were paid salary in the pay scale of Rs.5200-20200 with grade pay of Rs.2800/- instead of in the pay scale of Rs.9300-34800 with grade pay of Rs.4200 was prayed to be set aside. The petitioners who are the Drawing Teachers thus wanted themselves to be treated at par with other secondary teachers by applying the principle of ‘equal pay for equal work’.
3.2 The petitioners hold Diploma of five years in Applied Arts, Arts Teacher Diploma and course of Computer Concepts. The petitioners applied pursuant to the advertisement dated 7.3.1999 published in the newspaper whereby the applications for the posts were invited. The qualifications for the post for Teacher in Drawing or Arts were SSC and Art Teachers Diploma (Drawing). By order dated 10.6.2002, the petitioner of Special Civil Application No.9867 of 2021 was appointed. All the petitioners were accordingly appointed. Initially they were on probation for five years and were paid fixed salary of Rs.4,000/-. At the end of five years they were made permanent in the pay scale of Rs.4500-125-7000 with the basic salary which is Rs.4000/-. Thereafter pursuant to the Gujarat Civil Services (Revision of Pay) Rules, 2009, the pay band of the petitioner was fixed at Rs.8560/- with effect from 9.6.2007 in the pay scale of Rs.5200-20200 with grade pay of Rs.2800/-.
3.2.1 The grievance raised by all the petitioners in their respective petitions was that though they were in the secondary section imparting education in Drawing subject, they were not paid the same salary as was pai
The classification for pay-scale based on the different qualification existed from the year 1973 and was reasonable and based upon intelligible differentia. The onus to prove about parity in duties a....
The principle of 'Equal Pay for Equal Work' requires consideration of educational qualifications and responsibilities, and cannot be applied if qualifications differ.
The benefit of higher pay-scale should not depend on the actual existence of the post in a setup but should be conferred considering the promotional pay-scale.
The determination of pay scales is the exclusive domain of the state, and courts should only intervene in cases of constitutional violations.
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' is not strictly applied; disparities based on recruitment methods and job responsibilities justify differences in pay.
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