August 01, 2017

In Randhir Singh v. Union of India, it has been held that equal pay for equal work, although not expressly declared to be a fundamental right clearly a constitutional goal under Articles 14,16 and 39(c) of the Constitution and can be enforced by the courts in cases of unequal scales of pay based on irrational classification. This doctrine is equally applicable to temporary or casual employees performing the same duties and functions also.

But this right is not absolute. Although the nature may be the same, the works may differ in degrees of performance, the quantity may be the same but the quality may be different etc. In F.A.I.C. and C.E.S v. Union of India, it was held that different pay scales fixed for stenographers grade 1 of Central Secretariat and those attached to the heads of subordinate offices on the basis of recommendations of the Third Pay Commission was not violative of Articles 14 and 16 of the Constitution.

The duties and responsibilities of stenographer’s grade 1 were of much higher nature than that of the stenographers attached to the subordinate offices. It has also been held that seniority cannot be claimed from the date when the vacancy arises but will be fixed on the basis of date when actual appointment is made.


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