Case: Randhir Singh Vs. Union of India and Others

Equal pay for equal work is not a mere demagogic slogan. It is a constitutional goal capable of attainment through constitutional remedies by the enforcement of constitutional rights. So the petitioner claims; so the petitioner asserts. Article 39 (d) of the Constitution proclaims, as a Directive Principle, the Constitutional goal of equal pay for equal work for both men and women. Articles 14 and 19 guarantee respectively the fundamental rights to equality before the law and equality of opportunity in the matter of public employment and Art. 32 provides the remedy for the enforcement of the fundamental rights. So the petitioner has invoked the jurisdiction of this Court under Art. 32 and has asked us to direct the respondents to give him his due, the same as they have given others like him. True, he is the merest microbe in the mighty organism of the State, a little clog in a giant wheel. But, the glory of our Constitution is that it enables him to a directly approach the highest Court in the land for redress. It is a matter of no little pride and satisfaction to us that he has done so. Hitherto the equality clauses of the Constitution, as other articles of the Constitution guaranteeing fundamental and other rights, were most often invoked by the privileged classes for their protection and advancement and for a fair and satisfactory distribution of the buttered l eaves amongst themselves. Now, thanks to the rising social and political consciousness and the expectations roused as a consequence, and the forward- looking posture of this Court, the underprivileged also are clamouring for their rights and are seeki ng intervention of the Court with touching faith and confidence in the Court. The judges of the Court have a duty to redeem their constitutional oath and do justice no less to the pavement dweller than to the guest of the five star hotel.The petitioner is a Driver-Constable in the Delhi Police Force under the Delhi Administration and he demands that his scale of pay should atleast be the same as the scale of pay of other drivers in the service of the Delhi Administration. The scale of pay of a Driver-Constable in the Delhi Police Force is Rs. 210-270 in the case of non- matriculates and Rs. 225-308 in the case of matriculates. The scale of pay of a Driver in the Railway Protection Force is Rs. 260-400. The sc ale of pay of drivers in the non- Secretariat offices in Delhi is Rs. 260-6-326.E-B-8-350. The scale of pay of drivers in the Secretariat offices in Delhi is Rs. 260-6-290-EB-6-326-8-366-EB-8-8-8-390-10-400. The scale of pay of drivers in the o ffice of the Language Commission is Rs. 260-350. The pay scale of drivers of heavy vehicles in the Fire Brigade and the Department of Light House is Rs. 330-480. The case of the petitioner is that he discharges the same duties as the rest of the dr ivers in the other offices; in fact he claims that he discharges more onerous duties than the others. He complains that there is no reason whatsoever to discriminate against the petitioner and other driver Constables merely because he and his ilk happen to be described as constables as indeed they are bound to be so described, belonging as they do to the Police Force.

Court's reasoning:
It is true that the principle of equal pay for equal work is not expressly declared by our Constitution to be a funda mental right. But it certainly is a Constitutional goal. Art. 39(d) of the Constitution proclaims equal pay for equal work for both men and women" as a Directive Principle of State Policy. Equal pay for equal work for both men and wom en means equal pay for equal work for everyone and as between the sexes. Directive principles, as has been pointed out in some of the judgments of this Court have to be read into the fundamental rights as a matter of interpretation. Art. 14 of the Constitution enjoins the state not to deny any person equality before the law or the equal protection of the laws and Art. 16 declares that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. These equality clauses of the Constitution must mean some thing to everyone. To the vast majority of the people the equality clauses of the Constitution would mean nothing if they are unconcerned with the work the y do and the pay they get. To them the equality clauses will have some substance if equal work means equalare o f the view that the principle Equal pay for Equal work is deducible from those Article and may be properly applied to cases of unequal scales of pay based on no classification or irrational classification though these drawing the different scales of pay do idential work under the samecannot be the slightest doubt that the drivers in the Delhi Police Force perform the same functions and duties as other drivers in service of the Delhi Administration and the Central Government. If anything, by reason of their investiture with the powers, functions and privileges of a police officer, their duties and responsibilities are more arduous. In answer to the allegation in the petition that the driver-constables of the Delhi Police Force perform no less arduous duties than drivers in other departments, it was admitted by the respondents in their counter that the duties of the driver-constables of the Delhi Police Force were onerous. What then is the reason for giving them a lower scale of pay than others ? There is none. The only answer of the respondents is that the drivers of the Delhi Police Force and the other drivers belong to different departments and that the principle of equal pay fo r equal work is not a principle which the Courts may recognise and act upon. We have shown that the answer is unsound. The clarification is irrational.