PUNJAB STATE ELECTRICITY BOARD AND ANOTHER versus THANA SINGH AND OTHERS

PUNJAB STATE ELECTRICITY BOARD AND ANOTHER versus THANA SINGH AND OTHERS

Parity of pay scale cannot be claimed by Sub Fire Officers with Head Clerks, Head Clerk-cum-Divisional Accountants, and Internal Auditors merely by inclusion in Group XII; the nature of work, duties, responsibilities, qualifications, and mode of recruitment for each post are entirely different and belong to...

Source-derived case information.

Parties
Appellant: Punjab State Electricity Board; Respondent: Thana Singh; Respondents: Other Sub Fire Officers
Jurisdiction
India
Judgment Date
08 January 2019
Procedural Posture
Civil Appeal / Final Decision on Appeal
Outcome
Appeal allowed, High Court judgment set aside
Legal Topics
Parity of Pay Scale, Classification of Posts, Article 14 Discrimination
Service Law Parity of Pay Scale Classification of Posts Article 14 Discrimination

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Parties

Punjab State Electricity Board

Appellant

Thana Singh

Respondent

Other Sub Fire Officers

Respondents

Procedural Posture

Civil Appeal / Final Decision on Appeal

Legal Issues

  1. 1 Whether Sub Fire Officers can claim parity of pay scale with Head Clerks, Head Clerk-cum-Divisional Accountants, and Internal Auditors merely because they are categorised in Group XII
  2. 2 Whether grant of different scale of pay to Sub Fire Officers amounts to discrimination and violation of Article 14 of the Constitution of India

Ratio Decidendi

Parity of pay scale cannot be claimed by Sub Fire Officers with Head Clerks, Head Clerk-cum-Divisional Accountants, and Internal Auditors merely by inclusion in Group XII; the nature of work, duties, responsibilities, qualifications, and mode of recruitment for each post are entirely different and belong to different cadres. In the absence of material to prove similarity, courts should defer to expert bodies and not interfere; financial implications are also relevant. The judgments of the Single Judge and Division Bench granting parity are unsustainable and liable to be set aside.

Court Disposition

Appeal allowed, High Court judgment set aside

Orders

  • Impugned judgment dated 28.09.2010 in LPA No.713 of 2010 set aside
  • If any amount over and above salary has been paid pursuant to interim order, it will not be recovered from respondents and other Sub Fire Officers