LAWS(ALL)-2017-4-30

DR. PUNEET KUMAR GUPTA AND ANOTHER Vs. UNION OF INDIA THROU SECY. MINISTRY OF HEALTH AND FAMILY AND ORS.

Decided On April 12, 2017
Dr. Puneet Kumar Gupta And Another Appellant
V/S
Union Of India Throu Secy. Ministry Of Health And Family And Ors. Respondents

JUDGEMENT

(1.) Heard Mr. Amrendra Tripathi and Shri Shashank Bhasin, holding brief of Dr. L.P. Mishra, Advocate, Mr. Amit Verma, learned counsel for the petitioners, Mr. Ajay Kumar Singh, learned Central Government Counsel, Mr. D.K. Singh, learned Standing Counsel as well as Mr. Saurabh Lavania, learned counsel for respondent no.5.

(2.) With the aid and assistance of and by taking shelter of Art. 39(d) read with Articles 14 and 16 of the Constitution of India, which declares the constitutional goal enjoining the State not to deny any person equality before law in the matters relating to employment including the scales of pay, the petitioners have enforced the doctrine of equal pay for equal work, though it is not expressly declared a fundamental right under the Constitution.

(3.) By means of this these writ petitions filed under Art. 226 of the Constitution of India the petitioners have raised a grievance that the respondents authorities have practised discrimination in violation of Articles 14 and 16 of the Constitution of India in refusing to pay them salary in the scale of pay prescribed for similarly situated contractual employees.