UNION TERRITORY, CHANDIGARH versus KRISHAN BHANDARI

UNION TERRITORY, CHANDIGARH versus KRISHAN BHANDARI

The post of Science Supervisor in the Union Territory, Chandigarh is not equivalent to the post of District Science Supervisor in the State of Punjab, differing in class, qualification, and duties. The principle of equal pay for equal work does not apply between posts under different authorities when not shown to be equivalent. The respondent was not substantively appointed to the higher post, and Rule 2 does not entitle him to pay parity. The Tribunal's order granting higher pay scale is set aside.

Parties
Appellant: Union Territory, Chandigarh; Respondent: Krishan Bhandari
Jurisdiction
India
Judgment Date
31 October 1996
Procedural Posture
Civil Appeal / Appeal Against Central Administrative Tribunal Decision
Outcome
Appeal allowed
Legal Topics
Equal Pay for Equal Work, Service Conditions, Pay Parity, Article 14 Equality, Article 16 Equality in Employment, Article 12 State Definition, Article 39(d) Directive Principles
Service Law Constitutional Law Equal Pay for Equal Work Service Conditions Pay Parity Article 14 Equality Article 16 Equality in Employment Article 12 State Definition +1 more

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Parties

Union Territory, Chandigarh

Appellant

Krishan Bhandari

Respondent

Procedural Posture

Civil Appeal / Appeal Against Central Administrative Tribunal Decision

Legal Issues

  1. 1 Whether Science Supervisor in the Institute of Education, Union Territory, Chandigarh is entitled to pay scale equal to District Science Supervisor in the State of Punjab
  2. 2 Whether two posts are equivalent for the purpose of equal pay for equal work
  3. 3 Whether second proviso to Rule 2 of the Union Territory of Chandigarh Employees Rules, 1966 applies

Ratio Decidendi

The post of Science Supervisor in the Union Territory, Chandigarh is not equivalent to the post of District Science Supervisor in the State of Punjab, differing in class, qualification, and duties. The principle of equal pay for equal work does not apply between posts under different authorities when not shown to be equivalent. The respondent was not substantively appointed to the higher post, and Rule 2 does not entitle him to pay parity. The Tribunal's order granting higher pay scale is set aside.

Court Disposition

Appeal allowed

Orders

  • Judgment of the Tribunal dated August 17, 1994 is set aside
  • O.A. No. 490/CH/1987 filed by the respondent is dismissed