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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Mrinmay Kumar Das Son Of Sri Banamali Das – Appellant
Versus
Gauhati High Court – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. F. Faridi, the learned counsel appearing on behalf of the petitioners. I have also heard Mr. H. K. Das, the learned counsel appearing on behalf of the respondent Nos.1, 4 & 5; Mr. J. Handique, the learned counsel appearing on behalf of the respondent Nos.2 as well as Mr. R. Borpujari, the learned counsel appearing on behalf of the respondent No.3.
2. The short question which arises for consideration in the instant writ petition is as to whether the petitioners herein who are working as Library Assistants would be entitled to the equal Grade Pay to that of the Judicial Assistants?
3. The petitioner No.1 was appointed to the post of Library Assistant on 19.07.2013 and the petitioner No.2 was appointed to the said post of Library Assistant on 14.03.2014. At the time of appointment, the scale of pay for both the petitioners were Rs.5200-20,200 (PB-II) with Grade Pay of Rs.3000/- per month. It is further relevant to take note of that at that relevant point of time, the Judicial Assistants of the Registry of the Gauhati High Court were also drawing the same scale of pay with Grade Pay of Rs.3000/-. However, with the imp
Equal pay for equal work is mandated when the employer recognizes parity between roles, as upheld by constitutional provisions.
The main legal point established in the judgment is the application of the doctrine of equal pay for equal work, as enshrined in Article 39(d) and Article 14 of the Constitution of India, to ensure e....
The court established that the principle of equal pay for equal work does not apply rigidly when different qualifications and job responsibilities exist, and that the government has the discretion to....
Principal Seat Pay must be included in the calculation of basic pay for employees, ensuring equal treatment under Articles 14 and 16 of the Constitution.
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.
Determination of pay scale and equivalence is a primary function of the executives and expert bodies like Pay Commission and is not a function of writ court in exercise of its jurisdiction under Arti....
The main legal point established in the judgment is that the applicability of pay scales is determined by the specific rules and eligibility criteria for different posts, and the doctrine of equal pa....
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