LAWS(MPH)-1994-8-86

RADHESHYAM Vs. MUNICIPAL CORPORATION, GWALIOR

Decided On August 08, 1994
RADHESHYAM Appellant
V/S
MUNICIPAL CORPORATION, GWALIOR Respondents

JUDGEMENT

(1.) The petitioners in this writ petition are Lower Division Clerks, Tax Collectors and Tracers. One of them is a telephone operator. They are all getting salary in the grade of Rs. 515-800 As such, they contend that they belong to one category. According to them in the matter of further promotions, they are to be treated alike that is all of them should be eligible for promotion as they form one group notwithstanding the nature of work assigned to them. According to them their jobs and duties are interchangeable. The grievances of the petitioners be serialised as under :

(2.) The case of the Corporation is that the principle of equal pay for equal work is being given full respect. It is further stated that in the matter of regularisation the petitioners have no absolute right as some of them do not possess basic qualifications. It is further stated that some of them were given back door entry and their appointment was not in accordance with law and therefore, they are not entitled to claim regularisation. The claim of equal pay for equal work and regularisation is thus the main issue. First the claim regarding equal pay for equal work may be seen.

(3.) It is true that principle of equal pay for equal work is not expressly declared by our Constitution to a fundamental right. This however is not a ground to non-suit the petitioner. When Art. 9(d) is read it does indicate that Constitutional aim is that State shall not deny to any citizen equality before law. Equality clause as enshrined in Art. 14 of the Constitution would become meaningless to a vast majority of people who look forward to the protective umbrella of Articles 14, 19 and 39(d) of the Constitution of India. The firm is to ensure that the employee with the same status, experience and seniority receive equal treatment when they are doing similar work.