STATE OF UTTAR PRADESH Vs. J P CHAURASIA

JUDGEMENT

(1.) This appeal by special leave is from a judgment of the High Court of Allahabad dated November 6, 1985 passed in Civil Misc. Writ Petition No. 4211 of 1983. The appeal raises a question of considerable importance. The question is whether it is permissible to have two pay scales in the same cadre for persons having same duties and having same responsibilities. The High Court has answered the question in the negative. It is said that it would be violative of the constitutional right of "equal pay for equal work."

(2.) The facts are not in dispute. They will be found correctly stated in the judgment under appeal and may briefly be stated thus :

(3.) Being dissatisfied with the down grading, the Bench Secretaries made representation to the Government. They demanded that they should at least be put at par with Section Officers if not on higher scale. The High Court supported their case but half-heartedly. The High Court suggested "that in view of financial exigencies the Government may grant for the time being pay scale to 10 Bench Secretaries as admissible to Section Officers." When this matter was pending consideration, the Government appointed the Pay Commission (1971-72) headed by Shri Ali Zahir. On February 1, 1973, the Pay Commission submitted its report. The report did not accept the claim of Bench Secretaries for giving them pay scale equal to Section Officers or Private Secretaries. The report was in fact very much against them. The following remarks of the Pay Commission would be pertinent: