Point of Law: Doctrine of equal pay for equal work is not an abstract doctrine and is capable of being enforced in a Court of law i.e. equal pay must be for equal work of equal value.

JUDGMENT :

Heard Mr. A.C. Borbora, the learned Senior counsel assisted by Ms. N. Begum, the learned counsel appearing on behalf of the petitioners and Mr. R. Borpujari, the learned Standing counsel appearing on behalf of the Finance Department. I have also heard Mr. N.K. Debnath, the learned Standing counsel appearing on behalf of the Panchayat and Rural Development Department and Mr. C.S. Hazarika, the learned Standing counsel appearing on behalf of the Personnel Department.

2. The issue involved in the instant writ petition is as to whether there has been a disparity in the pay of the petitioners who are working in the cadre of Deputy Chief Executive Officer which is the promotional post from the post of Block Development Officer inasmuch as the Grade Pay is one and the same.

3. The facts involved in the instant case are that the petitioners herein were appointed as Block Development Officer on various dates. The petitioners thereupon were promoted to the post of Deputy Chief Executive Officer on 29.02.2016 and 26.06.2019 vide the promotional orders enclosed as Annexure-1 (series) to the instant writ petition. On 23.02.2021, the Governor of Assam in exercise of powers conferred under the proviso to Article 309 of the Constitution amended the Schedule to the Assam Service (ROP) Rules, 2017 whereby the Block Development Officer was given a revised pay structure in Pay Band-4 of Rs.30,000/- to Rs.1,10,000/- and Grade Pay of Rs.12,700/-. It is the case of the petitioners herein that as the post held by the petitioners are promotional posts from the post of the Block Development Officer, the post of the Deputy Chief Executive Officer cannot have equal grade pay with that of the post of Block Development Officer. Various representations were submitted but nothing constructive happened for which the present writ petition has been filed.

4. It appears on record that this Court vide an order dated 23.08.2021 issued notice making it returnable on 08.11.2021. Further to that, this Court on 18.01.2023 had admitted the instant writ petition by issuing Rule. It appears on record that on 31.05.2022, the Joint Secretary to the Government of Assam, P&RD Department filed an affidavit-in-opposition, the details of which this Court shall deal at a later portion of the instant judgment but it appears therefrom that the P&RD Department had supported the case of the petitioners insofar as the disparity of the pay. It further appears that the respondent No.3 i.e. the Finance Department had also filed affidavit-in-opposition on 13.09.2022. The gist of the said affidavit-in-opposition reveals that the Government of Assam had duly accepted the report of the Pay Commission and it is in consequence to that wherein there was a recommendation of merger of the post of the Deputy Chief Executive Officer with the post of the Block Development Officer, the revised structure of pay was given to the Block Development Officers vide the notification dated 23.02.2021. In the backdrop of the above, let this Court therefore consider the respective submissions of the learned counsels for both the parties.

5. Mr. A.C. Borbora, the learned Senior counsel during the course of his arguments have drawn the attention of this Court to the Assam Panchayat and Rural Development Officers Service Rules, 2013 (for short the “Rules of 2013”) which were made by the Governor of Assam in exercise of powers under the proviso to Article 309 of the Constitution. The learned Senior counsel referred to Rule 3 of the Rules of 2013 and drew the attention of this Court that Rule 3(1) (d) refers to the post of Deputy Chief Executive Officer, Zilla Parishad and Rule 3(1)(f) refers to Block Development Officer, Principal, Gaon Panchayat Secretary Training Centre. Referring to Rule 5 of the Rules of 2013 which stipulates the method of recruitment, the learned Senior counsel submitted that Rule 5(4) of the Rules of 2013 mandates that the recruitment to 100% strength of the Deputy Chief Executive Offi