KRISHAN CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners, who are Inspectors in Haryana Roadways, State Transport, Haryana have approached this Court under Articles 226 of the Constitution of India with a prayer for issuance of a mandamus to the respondent-State to grant them the pay grade equivalent to the Inspectors working in other departments of the State. Their claim is founded on the assertion that the status and qualifications of the petitioners and the Inspectors working in various departments are identical and they perform similar nature of duties. The contention of the learned counsel for the petitioners is that the pay scale of Inspectors of the departments of State including Transport department was almost equal up to 01.01.2006. However, an anomaly arose during the revision of pay scales w.e.f. 01.01.2006. They complain that when at one point of time the petitioners and the Inspectors working in other departments were equated in the matter of qualification and pay scale, then they cannot be discriminated against by giving grade pay of Rs. 3200/- in place of Rs. 3600/- as granted to the Inspectors of other departments i.e. Excise, Forest and Labour.

(2.) The argument of learned counsel is that since the petitioners possess the same qualifications and their nature of duties is the same, therefore, they are entitled to the same grade pay as that of various departments on the principle of equal pay for equal work. In support of their claim, reliance has been placed on the observations of the Supreme Court in cases Randhir Singh v. Union of India and others, 1982 AIR(SC) 879and Inder Singh and others v. Vyas Muni Mishra and others,, 1987 4 SLR 550.

(3.) In Randhir Singh's case , it was observed that equation of posts and equation of pay are matters primarily for the executive/Government and expert bodies like the Pay Commission to enter upon and not for Courts to dabble in but where things are manifestly clear, that is, where all possible relevant considerations are the same in almost every manner, persons holding identical posts are entitled to the same pay on the principle of 'equal pay for equal work'.