Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Mad) 761

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M.M. SUNDRESH, S. ANANTHI, JJ.
The State, Rep. by the Additional Chief Secretary, Commercial & Registration, Chennai & Others – Appellant
Versus
K. Mariappan & Others – Respondent
W.A. (MD) Nos. 576, 578, 580 to 582, 593, 595 to 597, 599 to 601, 603 & 605 of 2020 & CMP (MD) Nos. 3838, 3840, 3842 to 3844, 3882, 3884 to 3886, 3889 to 3891, 3893 & 3896 of 2020
Decided On : 18-03-2021

Advocates:
Advocate Appeared:
For the Appellants:Sritharan Rengarajan, Additional Advocate General Assisted by J. Padmavathi Devi, Special Government Pleader.
For the Respondents:R. Lakshmanan, Advocate.

Point of law: A scale of pay is attached to a definite post and in case of a daily-wager, he holds no post. The respondent workers cannot be held to hold any posts to claim even any comparison with the regular and permanent staff for any or all purposes including a claim for equal pay and allowances. To claim a relief on the basis of equality, it is for the claimants to substantiate a clear-cut basis of equivalence and a resultant hostile discrimination before becoming eligible to claim rights on a par with the other group vis-à-vis an alleged discrimination. No material was placed before the High Court as to the nature of the duties of either categories and it is not possible to hold that the principle of `equal pay for equal work' is an abstract one

Headnote:
Constitution of India, 1950 – Article 226 – Letters Patent Act – Clause 15 – Scale of pay – Writ appeals have been preferred by the appellants/respondents aggrieved over the order passed by the learned single Judge of this Court, in Batch of Writ petitions. Challenging the same, the present appeal has been filed – Counsel appearing for the respondents/petitioners submitted that the learned Single Judge of this Court has correctly allowed the writ petitions. – He further submitted that the persons, who are performing the same work, are paid salary in time scale of pay as Rs.4800 + 10000 + 1300 Grade Pay. – The petitioners gave representations in the month of August 2019 to the respondents for granting the same scale of pay as paid to others and the same are still pending without passing any orders.
Finding of court: Principle of equal pay for equal work can only apply if there is complete and whole sale identity between two groups. – Even, if the employees in the two groups doing identical work they cannot be granted equal pay, if there is no complete and wholesale identity. – Pay scale can be different, if nature of jobs, responsibilities, experience, method of recruitment are different as per Judgment reported in 2007 (8) SCC 279 in S.C. Chandru Vs. State of Jharkhand. – Fixation of pay scale is a delicate mechanism which requires various consideration including financial capacity, responsibility, educational qualification, mode of appointment, etc. – Writ petitioners have not proved the main criteria that is they are doing equal work. – Only the employer has rights to decide the salary. – However, the Government can consider the representations of the writ petitioners, considering the present cost of living. – Though, the learned Single Judge of this Court gone through the Judgment of Apex Court and pass an Order in favour of the Writ petitioners, the ratio and principles are not applicable to this case. – Court, therefore are of the opinion that this Court has sufficient reason to interfere with the order of this Court, in W.P.(MD)
Result: Writ Appeals Allowed

JUDGMENT :

S. ANANTHI, J.

(Common Prayer: Petitions filed under Clause 15 of Letters Patent Act, to set aside the impugned Common order, dated 05.11.2019 in W.P.(MD) Nos. 20569, 20575, 20577, 20579 to 20584, 20856, 20587, 20589, 20590 and 20591 of 2019, on the file of this Court and allow the present Writ Appeals.)

1. These Writ appeals have been preferred by the appellants/respondents aggrieved over the order passed by the learned single Judge of this Court, dated, 05.11.2019 in Batch of Writ petitions. Challenging the same, the present appeal has been filed.

2. The learned counsel appearing for the respondents/petitioners submitted that the learned Single Judge of this Court has correctly allowed the writ petitions. He further submitted that the persons, who are performing the same work, are paid salary in time scale of pay as Rs.4800 + 10000 + 1300 Grade Pay. The petitioners gave representations in the month of August 2019 to the respondents for granting the same scale of pay as paid to others and the same are still pending without passing any orders.

3. Heard the learned Additional Advocate General appearing for the appellants and the learned counsel appearing for the respondents.

4. The petitioners herein are respondents in writ petitions have filed these Writ appeals to set aside the common order, dated 05.11.2019 in W.P. (MD) Nos. 20569, 20575, 20577, 20579 to 20584, 20856, 20587, 20589, 20590 and 20591 of 2019.

5. The issue to be decided is common in all the Writ appeals arising out of the Common order, dated 05.11.2019. Therefore, all the writ appeals are heard together and disposed by way of this Common order.

6. These petitioners in Writ petitions have filed the Writ petitions under Article 226 of the Consitution of India to call for the records pertaining to G.O.Ms(2d) No.68 (Commercial Tax and Registration (A1) Department) dated 14.10.2016 of the first respondent and quash the same and consequently direct the respondents to give the scale of pay as Rs.4800-10000-1300 GP., as that of the similarly placed persons as per with GO Ms. No.50 School Education Department, dated 08.03.2019 based on the order in W.P(MD) No. 1584 of 2018, from the date of the petitioners appointment (23.11.2016) in the Special Scale of Pay with all consequential monetary benefits within a stipulated time.

7. The petitioners were appointed on various dates in the year 1998 as Scavangers on daily wage basis in Commercial and Regitration/1st respondent's department. After repeated representations, the Government passed impugned G.O.Ms.(2d)No. 68, Commercial Tax and Registration (A1) Department, dated 14.10.2016, whereby the petitioners and others were brought on special time scale of pay of Rs.1300-3000+300 Grade Pay. The petitioners are receiving the special time scale of pay till date. According to the learned counsel for the petitioners, the persons, who are performing the same work, are paid salary in time scale of pay as Rs.4800 + 10000 + 1300 Grade Pay. The petitioners gave representations in the month of August 2019 to grant the same scale of pay as paid to others.

8. The writ petitions were allowed by the Single Judge of this Court, dated 05.11.2019 in W.P.(MD) No. 20569, 20575, 20577, 20579 to 20584, 20856, 20587, 20589, 20590 and 20591 of 2019 on the following grounds:

......

“7. From the materials on record, it is seen that the petitioners were originally appointed as Scavengers on daily wage basis and subsequently, by impugned G.O.Ms.(2d) No.68, Commercial Tax and Registration (A1) Department, dated 14.10.2016, they were brought on special time scale of pay of Rs. 1300-3000+300 Grade Pay. The respondents have not given any reason for not granting regular time scale of pay already given to the persons, performing the similar work. G.O.Ms.No. 47, School Education Department, dated 02.03.2012, issued in respect of employees of Education Department, who were brought on the same special time scale of pay of Rs. 1300-3000+300 GP was challenged by the

Click Here to Read the rest of this document

2021 Supreme(Mad) 761

Cases Referred (3)