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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) AT KOHIMA BENCH
YARENJUNGLA LONGKUMER
L. John Konyak – Appellant
Versus
State Of Nagaland – Respondent
| Table of Content |
|---|
| 1. disparity in pay scales (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. arguments for equal pay (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. state's defense on pay structure (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 4. judicial review on pay disparities (Para 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35) |
| 5. petition dismissed (Para 36 , 37) |
JUDGMENT :
YARENJUNGLA LONGKUMER, J.
The present writ petition has been filed by the petitioners who are serving as Junior Commissioned Officer (JCO for short), Village Guard Organization, Department of Home, Government of Nagaland under the Commissioner Nagaland as the Commander in Chief. The petitioners are Jamadars, Subedars and Subedars Majors in the Village Guards.
2. The petitioners are aggrieved by alleged anomalies in their Pay scale. It is the case of the petitioners that the pay grade of the petitioners are below the pay grade they are entitled to receive which should be corresponding to the pay scale and grade received by police personnel of Nagaland Police in the same rank.
3. It is stated that from the rank of Constable, Village Guard till the rank of Havildar Major, the service of the village guard is voluntary and p
Disparities in pay scales between village guards and police personnel are justified due to differences in job responsibilities, recruitment methods, and lack of evidence for equivalence, confirming t....
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 principle of 'Equal Pay for Equal Work' was applied, emphasizing that employees holding the same rank performing similar functions and discharging similar duties and responsibilities should be tr....
Even if persons are holding same rank/ designation and having similar powers, duties and responsibilities they can be placed in different scales of pay and cannot claim the benefit of the principle o....
The judgment establishes that the principle of 'equal pay for equal work' must consider the nature of work, duties, and responsibilities, and that the determination of pay scales falls within the exc....
The tribunal's refusal to grant pay parity was upheld, emphasizing that pay structure decisions lie within the domain of the Pay Commission, highlighting the non-enforceable nature of pay parity clai....
The main legal point established in the judgment is the requirement for establishing parity in pay scales based on comparative job evaluation and equation of posts, and the burden of proof on the pet....
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