PARAMANANDA SARKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The question for decision in this writ petition is whether payment of less salary to a senior than to his junior in the same cadre having the same pay scale is violative of the principles of "equal pay for equal work" enshrined in Article 39 (d) read with Articles 14 and 16 of the Constitution of India.

(2.) I have heard Mr. C.S. Sinha, the learned counsel appearing on behalf of the petitioner and Mr. Sukdev Roy, the learned counsel appearing on behalf of the respondents.

(3.) To appreciate the contentions canvassed at the bar by learned counsel for the parties, the facts relevant for the purpose may briefly be stated as under:- The petitioner who is a Bachelor of Engineer (Electrical) initially joined as an Assistant Director Grade-I on 17 th April, 1986 in the pay scale of Rs.2200-4000/- in the Department of Power, Government of India. Thereafter, the petitioner appeared before some Selection Committee of Tripura Publlic Service Commission for appointment to the post of Inspector of Factories. The petitioner having stood first he got the offer and accordingly he joined the post on 14.5.1990 in the pay scale of Rs.3200-5600/- under the Department of Labour, Government of Tripura.