- before the Fourth Pay Commission. [434 HE] F
,
DELHI VETERINARY ASSOCIATION ve: UNION OF INDIA & ORS.
‘ oo, April 12, 1984
[E.S. VENKATARAMIAH AND D.P. Mapon, JJ.]
Constitution of India 1950—Article 39 (d) ‘Equal pay for equal work’ -—Principle—A ppligability of — Factors to be taken into consideration while fixing pay scales,
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Veterinary Assistant Surgeous employed in Delhi Administration,
Union Territory of Chandigarh and' Central Government—Disparity ‘in pay — scales—Whether veterinary assistant surgeons: in Delhi Administration entitled to equal scales of pay. .
_ The Petitioner in @ writ petition sought relief in respect of Veteri- - nary Assistant Surgeons working in the Delhi Administration, alleging
.that the Veterinary Assistant Surgecns have been denied the benefit ‘of the principle of “equal pay for equal work’ incorporated in Article
39 (d) of the Constitution and that there has been violation of the funda- mental sights guaranteed under Articles 14 and 16, because their scale of salary (Rs. $50~—990) was lower than the pay scalo of Veterinary Assistant Surgeons employed’ by the Union Territory of Chandigarh
- (850—1700), or by the Central Government in the Indo-Tibetan Boarder
Police and by the Border Security Force (Rs. 650—1200).
The writ petition was opposed by the Union of India denying many of the allegations in the petition, while the Development Commissioner, while the Delhi Administration contested the writ petition by justifying - the impugned pay scale and also by pleading that the matter should be allowed to be examined by (he Fourth Pay Commission.
Dismissing the writ petition,
HELD: 1. The question. of the fixation of pay scale for Veterinary Assistant Surgeons should be Jeft to be decided by: the Government on the basis of the recommendation of the Fourth Pay Commission. The question of discrimination cannot be decided in isolation. Having regard to the long delay in approaching this Court after the fixation of the pay scale, no relief can’be granted in respect of the period between
1973 and 1984. The petitioner is at liberty to make its representation
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SUPREME COURT REPORTS [1984]:3 s.c.k.
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, 2. In. addition to the principle of ‘equal pay for equal work’,
. the pay structure ofthe employées of. the Government should reflect many other social values. Apartfrdm being the. dominant employer, the Government is also expected to be a model employer, -It has, there- fore, to follow certain, basic principles in fixing the pay scales of various - posts and cadres, The degree of skill, strain of work, experience in-
.-yolved, training required, responsibility, undertaken, mental and physical requirements disagreeableness of the task, hazard attendant on work and fatigue involved afe some of the factors which should be taken into - consideration in fixing pay scales. The method of recruitment, the level at-which the initial recruitment is made in the hierarchy of service or cadre, minimum educational and ‘technica! qualification prescribed for - the post, the nature. of dealings with the public, avenues of promotion available and horizontal and vertical relativity with other jobs in the ~ game service or outside are also relevant factors. [4328-H; 433A]
3. Wile fixing the pay scales, the paying capacity of the Govern- public, the disparity between the incomes of tho Government employees
‘cand the incomes of those who are not in government service and the net _ amount available for government at the current taxation level, after pay- ing the salarics and allowances to the Government servants have also to be borne in mind. [433B-O}
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4. Itis imperative that there should be an evolution and implementation of a scientific national policy of incomes; . wages and prices which would be applicable -not merely to Government services but also tothe other sectors of the «ational economy. As fur.as possible the
‘ment, the total financial burden which has to be borne by the general .
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needs of a family unit have to be borne ‘ia mind ia fixing the wage scales, .
The ‘needs’ are not static. They include adequate nutrition, medical . facilities, clothing, housing, educatioa, ‘cultural, activities etc. Care should also bs taken to see that‘ what is fixed today as an adequate pay scale does not become inadequate withi: a.short period by providing an automatic mechanism for the modification of the pay scale. . . + [433B-G] ORIGINAL JURISDICTION : Writ Petition No. 9080: of 1983
‘(Under article 32 of the Constitution of India)’
K.K.Singhvi, A.K. Gupta and Brij Bhushan for the petitioner. K. G. Bhagat, Addl. Sol. General, Harbans Lal and R.W. Poddar for the Respondents. .
" The Judgment of the Court was delivered by
VENKATARAMIAH, J. The Delhi Veterinary Association is the petitioner in the above case. Itis an association of veterinary doctors who are residingin the Uuion Territory of Delhi. By this petition under Article 32 of the Constitution, the petitioner re iad
© a)
-DELHI VETERINARY ASSN. v. UNION (Venkataramiah, J)
° - is, seeking relief in respect of Veterinary Assistant Surgeons work: ing in the office of the Development Commissioner, Delhi Administration, Delhi, who are its members. It is alleged that these Veterinary Assistant Surgeons have been denied the benefit of the principle of ‘equal pay for equal work’ incorporated in Article 39 (d) of the Constitution and that there has been violation of their fundamental rights guaranteed under Article 14 and Article 15 of the Constitution because their scale of salary is lower than the pay scale of Veterinaty Assistant Surgeons employed by tlie Union Territory of Chandigarh or by the Central Government in the Indo-Tibetan Border Police (I.T.B.P.) and in the Border Security Force (B.S.F) It is.also alleged that the Veterinary Assistant Surgeons are persons who have obtained Bachelor’s Degree in Veterinary Science and Animal Husbandry (B.V.Sc. & A.H.) from colleges’of veterinary medicine and the minimum qualifications: for entering the said course are more or less the same as those prescribed for M.B.B.S. or B.D.S. Examinations.
They would be taught in the colleges of veterinary medicine inter alia subjects like Biochemistry, Pharmacology & Toxicology, Bacteriology, Pathology, Hygiene, . Parasitology, Surgery, Radiology, Clinical & Preventive medicine, Obstetrics, Gynaecology and additionally Animal Husbandry. Somie of them, it is stated, have also undergone some special courses after their degree. Having regard to the period of study in the college and the subjects taught they claim that they are almost equal to those who have obtained M.B.B.S..and B.D.S. degrees.
It is alleged’ that whereas the Veterinary Assistant Surgeons in the Union Territory of Chandigath were paid salary in the pay scale of Rs. 850—1700 on the basis of: the pay scale prevailing in the adjoining State of Punjab and the Veterinary Assistant Surgeons inthe Union Territories of Arunachal Pradesh and
_Mizoram were paid in the pay scale of Rs. 550—900, the Veteri- ‘nary ~Assistant Surgeons of the Union: Territory of Delhi were given pay in the pay scale of Rs, 425—750: from January 1, 1973 and on a represetitation being made by them, their pay scale was modified to Rs. 550—900 with effect from “November 2, 1977 as was being paid'in the Union Territories of Arunachal Pradesh
_and Mizoram with effect from January 1, 1973 even though the
Ministry of Agriculture had recommended that their pay scale should be revised to Rs. 650—1200. The petitioner contends that even now the disparity between their pay scale and the pay scale of the Veterinary Assistant Surgeons of the Union Territory of a
43k aio
Chanigarti and of L.T.B.P, and BS.F. which is fixed at Rs. 650— 1200 persists. On the basis of the above allegations the petitioner
_ prays that.a direction should be issued to the ‘respondents to treat the Veterinary Assistant Surgeons of the Dethi Administration at par with the Veterinary Assistant Surgeons of Chandigarh,
1.T.BP. and BSF. A counter affidavit is filed on behalf of the Union Govern- ment denying many of the allegations in the petition and in parti- .culat the recommendation said to have been made by the ministry:
of A griculture,
The Development Commissioner, Delhi has filed a counter affidavit justifying the impugned pay scale and at the same time he has pleaded that this isa matter which should be allowed tobe examined by the Fourth Pay Commission. In view of the. latter plea, we feel that itis not appropriate ta deal with the merits of the claim of the Veterinary Assistant Surgeons of Delhi
' in the course of this order although we feel that prima facie their grievance appears to be a legitimate one. Since any alteration in| - their pay scales would involve modification of the pay scales of officers inthe higher cadres in the same department and in the corresponding cadres in other departments, the work of refixation of the pay scale should not ordinarily be undertaken by the Court at this stage because the’ Fourth Pay Commission is required to. consider the very sam= question after taking into consideration all the relevant aspects.
In addition to the principle of ‘equal pay for equal work’, the pay structure ‘of the eétiployees of the Government should . reflect many other social values. Apart from being the dominant “ employer, the Government is also -expected td be a model employér. It has, therefore, to follow certain basic principles in fixing the pay scales of various posts and cadres in the Government service. The degree of skill, strain of work, experience involved, training required, responsibilily undertaken, mental and physical requirements, disagreeableness of the task, hazard atten- dant on woftk and fatigue involved are, according to the Third
Pay: Commission, some of the relevant factors which should be taken. into consideration in fixing pay scales. The method of recruitment, the level at which the initial recruitment is‘made in the hierarchy of service or cadre, minimum educational and technical qualifications prescribed for the post, the nature of dealings with the public, avenues of pfomotion available and horj-
SUPREME COURT REPORTS . [1984] 3 S.C:R.
Kr
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DELHI VETERINARY ASSN. ¥. UNION (Venkataramiah, J.) 433.
af
, . : ~ zontal and vertical relativity with other jobs in the same service AU or outside are also relevant factors.
. Atthe same time while fixing the pay scales, the paying capa- > - city of the Government, the total financial burden which has to be borne by the general public, the disparity between the mcomes of the Government - employees and. the incomes of those who are B wt . not in Government service and the net amount available for _* Government at the current taxation level, which appears to be sen ‘ “very high when compared with other countries in the world, for - developmental purposes after paying the salaries and allowances to’ the Government’ servants’ have also to be borne in mind. These are, however, not exhaustive of the various matters which should be considered while fixing the pay scales. There may be many others including geographical considerations. .
° Above all, it should be noted that the work of a Pay Commission does not really mean an increase of Rs. 100 here or D recommending an additional allowance of Rs. 50 there. It does , also meana mere reduction of the number of pay. scales or an attempt at the reduction of the gap between the highest pay scale and the lowest pay scale. Itis a big exergise in gearing up the national economy to secure the highest good to the milliins of 7: our countrymen. In. an égalitarian society based on planned = a, | economy it is imperative that there should be an evolution and — , implementation of .a ‘scientific national .“policy of incomes, wages and prices which would be applicable not merely to Government services but also to the other: sectors of the national economy, '. As far as possible the needs of a family unit have to be borne in mind ‘in fixing the wage Seales. The ‘needs’ are nat static. They F % include adequate nutrition, medical facilities, clothing, housing education, cultural activities etc. Any provision made while ~ fixing the pay scales for the development of a society of healthy . - and well educated children irrespective of the economic position ' of the parents is only an investment and not just an item of expenditure. In these days of gallopping inflation, care should G also be taken to see that what is fixed today asan adequate pay scale does not become inadequate within a short period by providing an automatic mechanism for the modification of the pay scale.
The duties of a Pay Cammission are really onerous. - But we.. have no doubt that the Fourth Pay Comission will keep in view
SUPREME COURT REPORTS ; [1984] 3 s.cr.
_ allthe relevant considerations, some of which are referred to above, while dealing with the complex problem of determining the equitabl> pay scgles for the vast number of employees of the © . Central Government and of the Union Territories. We have also no doubt that the Fourth Pay Commission will not just be another Pay Commission as in the past but will lay down sound principles
' regarding the salary structure of the public services.
In the above situation, we do not feel called upon to decide in isolation the question of discrimination raised before us. This is a matter which should be left to be decided by the Government — on the basis of the recommendations, of the Fourth Pay Commisston. 8 ‘ @ -
It was, however, urged that since the Fourth Pay Commission’ would not be making any recommendation in fesp2ct of the period between 1973 and the dateon which the new. pay. scales to be fixed on the recommendation of the Fourth Pay Commission;
“would come into force, the Court should consider whether the
Veterinary Assistant Surgeons were entitled to any retrospective benifit in respect of ‘the said past‘period. Having regard fo the’
long delay in approaching this Court after the fixation of thei pay scale earlier, we do not propose to grant any relief in respect .
._ Of that period.
The. petition is,, therefore; dismissed. The petitioner is at liberty to make its representation befor the Fourth Pay Conimis: sion to determine the pay scale of the: Veterinary Assistant
. Surgeons of Delhi. We are sure that the Fourth Pay Commis- sion which js presided: over by a former Judge of this Coiirt
. would consider their representation sympathetically. ; .
NVK. _. Petition dismisseg
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