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TMI Blog2000 (11) TMI 1261X X X X Extracts X X X X X X X X Extracts X X X X ..... it petition by filing a detailed counter contending that the recommendations of the Fourth Pay Commission had been implemented by the CRPF in all respects and that the respondent was not discriminated; the Fourth Pay Commission had gone deep into various aspects of the pay structure of various categories of the employees of the Central Government and the claim of the respondent on the principle of equal pay for equal work was not tenable having regard to various distinguishable factors. 3. The learned single Judge by his order dated 28.9.1989 dismissed the writ petition stating that the respondent was appointed as a constable and was promoted as Naik and he could not equate himself with the pay scale of Assistant Sub-Inspector of Police; the Pay Commission Report shows that all Naiks of all Central police establishments including CRPF have been given the same pay scale. The respondent took up the matter in appeal before the Division Bench of the High Court in C.A. No. 659 of 1989. The said appeal was allowed directing the appellants to fix up the pay of the respondent at Rs. 1320-2040 and to revise the same if the same pay scale has since been revised in order to remove the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riginally appointed as a Constable and had been promoted to the rank of Naik; he was given the necessary training departmentally and had been appointed as Naik (Radio Operator); his substantive post is that of Naik and his promotional post is that of Assistant Sub-Inspector of Police; the post of Naik is junior to that of Assistant Sub-Inspector of Police; as such respondent could not claim the pay scale of Assistant Sub-Inspector of Police, which is his promotional post. (2) There was no material before the court to come to a definite conclusion as to what are the essential qualifications and method of recruitment for the post of Radio Operator in Central Water Commission or Directorate of Police Wireless; the respondent being Naik working as a Radio Operator, is getting a special pay of Rs. 80/- per month; there was nothing on record to show that the Radio Operator of the Central Water Commission and the Directorate of Police Wireless belong to the same rank of Naik of the CRPF. (3) It is clear from the Pay Commission Report that all Naiks of central police establishments including CRPF have been given the same scale of pay; therefore for the Naik Radio Operator there cannot be d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ght on the respondent to make such a claim for writ of mandamus. 9. The learned Counsel for the respondent strongly relied on the judgment of this Court in Randhir Singh v. Union of India and Ors. (1982) ILLJ 344 SC and added that this decision has been followed in various subsequent decisions of this Court. According to him when the appellants have supported the claim of the respondent before the Pay Commission having regard to the nature of his duties, the Division Bench of the High Court was right in granting relief to him. There is no difficulty in accepting the principle stated in the said decision and which, in fact, has been reiterated in subsequent decisions of this Court. But as stated in the said decision the principle of equal pay for equal work is not an abstract doctrine but one of substance. In para 8 of the said judgment it is stated thus: Construing Articles 14 and 16 in the light of the Preamble and Article 39(d), we are of the view that the principle equal pay for equal work' is deducible from those Articles and may be properly applied to cases of unequal scales of pay bused on no classification or irrational classification though those drawing the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... luate the nature of duties and responsibilities of posts. If there is any such determination by a Commission or Committee, the court should normally accept it. The court should not try to tinker with such equivalence unless it is shown that it was made with extraneous consideration. (emphasis supplied) 12. Yet, again this Court, having referred to its earlier decisions including of Randhir Singh and J.P. Chaurasia aforementioned, in para 5 of its judgment in State of Haryana and Ors. v. Jasmer Singh and Ors. (1997) IILLJ 667 SC has stated thus: 5. The principle of equal pay for equal work. is not always easy to apply. There are inherent difficulties in comparing and evaluating work done by different persons in different organizations, or even in the same organization. The principle was originally enunciated as a part of the Directive Principles of State Policy in Article 39(d) of the Constitution. In the case of Randhir Singh v. Union of India, however, this Court said that this was a constitutional goal capable of being achieved through constitutional remedies and held that the principle had to be read into Articles 14 and 16 of the Constitution. In that case a Dr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itation in holding that the impugned judgment and order are unsustainable. The learned Counsel for the appellants placed before us a chart showing difference in pay scales, facilities, other allowances, leave period, providing accommodation, etc. for the purpose of comparison between the pay scales and other facilities of the respondent and similar other employees working in Directorate of Coordination Police Wireless and other Central Government agencies. The learned Counsel for the respondent reiterated that the nature of duties and responsibilities of the respondent are not only similar when compared to other employees similarly placed, but on the other hand they are more hazardous. It is an indisputable fact that the pay-scales now claimed by the respondent are those prescribed for the post of Assistant Sub-Inspector. As already noticed above, it is once again a promotional post for a Naik. Acceding to the claim made by the respondent would not merely result in change in the pay-scales but may also lead to alteration of the pattern of hierarchy requiring re-orientation and restructuring of the other posts above and below the post of respondent. Added to this, such consequences ..... X X X X Extracts X X X X X X X X Extracts X X X X
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