PUNJAB STATE POWER CORPORATION LIMITED versus RAJESH KUMAR JINDAL & OTHERS

PUNJAB STATE POWER CORPORATION LIMITED versus RAJESH KUMAR JINDAL & OTHERS

Internal Auditors are not entitled to claim parity of pay scale with Head Clerks irrespective of the recruitment, qualifications, duties and responsibilities. The Pay Anomaly Committee, considering the nature of duties and responsibilities, recommended different pay scales and its expert conclusion is not susceptible to judicial review. Unless there is complete identity between the posts, they cannot be treated as equivalent for the purpose of parity of pay.

Parties
Appellant: Punjab State Power Corporation Limited; Respondents: Rajesh Kumar Jindal & Others
Jurisdiction
India
Judgment Date
08 January 2019
Procedural Posture
Civil Appeal / Appeal From High Court Decision, Reviewing LPA and Dismissal of Review Petition
Outcome
Appeals allowed. Judgment and orders of the High Court set aside.
Legal Topics
Pay Scale, Parity of Pay, Judicial Review, Revision of Pay, Discrimination in Service Conditions
Service Law Pay Scale Parity of Pay Judicial Review Revision of Pay Discrimination in Service Conditions

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Parties

Punjab State Power Corporation Limited

Appellant

Rajesh Kumar Jindal & Others

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Decision, Reviewing LPA and Dismissal of Review Petition

Legal Issues

  1. 1 Whether Internal Auditors are entitled to parity of pay scale with Head Clerks, irrespective of nature of recruitment, qualifications, duties and responsibilities

Ratio Decidendi

Internal Auditors are not entitled to claim parity of pay scale with Head Clerks irrespective of the recruitment, qualifications, duties and responsibilities. The Pay Anomaly Committee, considering the nature of duties and responsibilities, recommended different pay scales and its expert conclusion is not susceptible to judicial review. Unless there is complete identity between the posts, they cannot be treated as equivalent for the purpose of parity of pay.

Court Disposition

Appeals allowed. Judgment and orders of the High Court set aside.

Orders

  • Impugned judgment dated 23.02.2012 of High Court of Punjab and Haryana at Chandigarh in LPA No.264 of 2012 and Order dated 04.05.2012 in the review petition are set aside.
  • No costs.