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DELHI VETERINARY ASSOCIATION

v •

UNION or INDIA & ORS.

April I 2, 1984

[E.S. VENKATARAM!AH AND D.P. MADON, JJ.]

Constitution of India 1950-Artic/e 39 (d) 'Equal pay for equal work' -Principle--Applicability of-Factors to be taken into conslderatlon while fixing pay scales. ·

Veterinary Assistant Surgeoas emp/Oyed In Delhi Administration, ,-1 UnlOn Territory Of Chandigarh and' Central Government-Disparity , in pay scales-"-Whether IJeterinarY asiistant 5Urgeons in Delhi Administration entitled to equal scales of pay.

. The Petitioner in a writ petition sought relief in respect of Veteri- . nary Assistant Surgeons working in the Delhi ·.Administration, alleging . that the Veterinary Assistant Surgeons have been denied the benefit of the principle of 'equal pay for e'qual work' ioCorporated i-n Article 39 {d) of the Constitution and that there has b<:een violationof the furida rriental :ights guaranteed under Arti~Jes 14 and 16, because their scale of salary (Rs. SS0-990) 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 IndoTibetan Boarder

l;'olice and by the Border Security Force (Rs. 6S0-!200).

The Writ petition was oPposed by the Union of India denying many of the allegtions in the pe.tition, while the Development Commissioner, while. the o"ethi Administration contested the writ petitiOn by justifying -

the impugned pay scale and also by pleading that the matter should be allo.wed tO be examined by the Fourth Pay Comnlission.

LJ;

Dismissing 'the writ petition.,

HELD : !.

The question, of the fixation of pay scale for Veteri nary 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 dirimiiiation canno~ 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 periC>d between 1973 and 1984.

The pe(itioner is at liberty to make its representation before the Fourth Pay Commission.. [ 434 HE)

SUPREME COURT REPORTS [1984) 3 s.c.ll..

\ 2.

In a:ddition to the principle . of i equal pay for equal. work', the pay structure of tl,1e employees of. the Government' should rCflect many other social values.

Apart frdm being the Qominnt empl_oyer, the Government is also eXpccted to be a 'model employer. It has, there fore, to follow certain, basic pr, inciples in fixing 1he pay scales of various posts <ind C3.dres.

The degree of skill; strain of work, experience in volved, train'fng required, reSponsibility, uadertakeo, mental and physical requirement' disa:greeBblooess of the t.ask,- hazard attendant on work and faHgue involved ate some of the factors , which should be taken into ·· consideration in fixing pay scales.

The met bod of recruitmentJ ihe level at which the initial recrpitment is made in the' hierar"cby of service Or

cadre~ minimum educational and 'technical qualification prescfibed for - the post, the nature of 'dealings with the p'Jblic_, avenues of pfomoti.on available arid horizontal and vertical relativity with other jobs in .the same service or outside are also relevant.factors. [432fi-H; 433A]

Wil.e fixing the pay scales, the paying capacity or:the Government, the total financial btirden which has to be .borne by .the general public, the disParity between the incomes of the Government employees and the incomes of those who are not in government service and tho net amount available for governmentat the current tax1tion level, after paying the salaries and allowances to the-GOvernment servants have also to be borne in mind. [4338-0]

4. It is imperative that thefe should b~ an evolution and impJe .. menta_tiOo of a scieatific national Policy of incomes; wages and pr\ces which would be ap\)Iicable not merely to Government services but als9

to the other sectors of the national eco1101ny.

As Llf.as -possible tbeneeds of a family-unit have to be borne ill mind in fixing the wage scales.

The 'needs' are not static.' They include adequate nutrition, mediCal facilities, clothing, housing, education, cultural, activities etc.

Care• should also bo taken to seQ that what is fixed today as an adequate pay scale does not be-Come inadequate withi 1 a.short period by providing an automatic mechanism for the modification of the pay scale.

 (433B-G) ORIGINAL JURISDICTION i Writ Petition No. 9080 of 1983

(Under article 32 of the Constitution of Illdia)

K.K..Singhvi, A .K. Gupta and Bri} Bhushan for the petitioner.

K. (J_. Bhagat, Addi. Sol; General, Harbans [Al and R. N. PoddGr for the Respondents.

The Judgment of the Court was delivered by

VBNKATARAMIAll, J. The Delhi Veterinary AssociatJon is the petitioneF in the above case. It is an association of veterinary doctors who are residing in the Uuion Territory of Delhi. By this petition ilnde.r Article 32 of the Constitution, the petitioner

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DELHI VETERINARY

ASSN. v. UNION (Venkataramiah, J.) 4ll • is seeking relief in respect of Veterinary Assistant Surgeons workig in the office of the Development Commissioner, Delhi Administration, Delhi; who are its members. It is alleged that these Veterinary Assistant Surgeons havebeen denied ti1e benefit

of the principle of 'equal pay for equal work' incorporated in Artide 39 (d) of the. Constirution and that there bas 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 Veterinary Assistant Surgeons employed by tlie Union Territory of Chandigarh or by the Central Government in the Indo-Tibetan Border Police (I.TB.P.) and in the Border

Security Force (B.S.F) It is .also alleged that the Veterinary Assistant Surgeoqs 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 Biochtmistry, Pharmacology & Toxicology; Bacteriology, Pathology, Hygiene,. Parasitology, Surgery, Radiology, Clinical & Preventive medicine, Obstetrics, Gynaecology and additionally Animal Husbandry. Some of them, it is stated, have also undergone some special courses after thefr degree. Having regard fo the period of study in the college and the subjects taught the)' 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 tho Union Territory of Chandigarh 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 in the Union Territories of Arunacbal Pradesh and Mizoram were paid in the pay scale of Rs. 550-900, the Veteri- ·; nary ·Assistant Surgeons of the Union Territo'ry of Delhi were given pay in the pay scale of Rs. 425-750 from January l, 1973 and on a represerttation being made by tJiem, 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 recoml\lendcd 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 9f ~Jie Veterinary Assistant Surieons of the Union 1errito1?' of

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SUPREM!l COURT REPORTS

[1984.J 3 S.C; R,

Chanigarli and of I.T.B.P. and B.S'.F. which is fixed at Rs. 650- 1200 persists. On the basis of the abo_ve aliegation.s the petitioner prays that a direction should be issued to the respondents to treat the Veterinary Assistant Surgeb_ns or'the Delhi Administration at par with the Veterinary Assistant Surgeons of Chandigarh, I.TB P. and B.S.F .

A counter affidavit is fil'd on beh1lf of the Union Government denying many of the aliegations in the petition an<i in parti- . crilat the recommendation said to have been m1de by the .ministry of Agriculture.

The Developtneut CommissiOner, Delhi has fifod a counter affidavit justifying the impugned pay scale and at the 11ame time he has pleaded that this is a matter which should be allowed tobe examined by the Fourth Pay Commission. .In view' of the latter plea, we feel that it is not appropriate to deal with the merits of tho claim of the Veterinary Assistant Surgeons Of Delhi . in the course of this order although we feel tharprima facie their grievance appears to he a legitimate one. Since any alteration in their pay scales ; vould involve modification of the pay scales of officers in the 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 under.taken by the Court at this stage because the Fourth Pay Commission is required to co.nsider the '{ery same 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 employees of the Government should reflect many other social values.

Apart from belng the dominant " employer, the Government is also expected 'to be a model employer. It has, therefore, to follow certain basic principles in fixing the pay sc.ales of various posts and cadres in the Government service.

The. degree of skill, strain of work, eperience involved, training required, responsibilily undertaken, mental and physical requirements, disagreeableness of the task, hazard attendant on work 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 ismade in the hierarchy of service or cadre, minimum educational and techniGal qualifications prescribed for the post, the nature of

dealins with the public, avenues of 1'toinotion available and hori-

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DELm VETERINARY ASSN. v. UNION (Venkdtararniah, J.) 433 .

zontijl and vertical relativity with othor jobs in the same service A or outside are also relevant factors.

Atthe same time while fixing the pay scales, the paying capacitY of the Government, the total financial burden which has to be borne by the general public, the disparity between the incomes of the Government. employees and the incomes of those who are not in Government service and the net amount available for Government at the current taxation level, which appears to be very high when compared with other countries in the world, for developmental purposes 11fter paying the salaries and allowances to the Government' servants hwe also to be bonie in mind.

These are, however, not exhanstive of the various matter& which should be considered while fixing the pay scales. There may be ma, ny , others including geographical considerations.

Above .1111, it should be noted that the work of a Pay Commission . does not really mean an increase of Rs. 100 here or recommending an additional allowance of Rs. SO there.

It does also mean a 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 It is a big exerc; jse in gearing up the national economy to secure the highest good to the milli1ms of our countrymen. Jn. an egalitari; m society based on planned 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 nQt static.

They 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

expnditure. In these days of gallopping inflation, care should alsq be taken to see that what is fixed today as an 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 <:; ommission are really onerous. -But we

ave no doubt that the Fo11rth Pay Comission will keep in view

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434•

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SUPREME COURT REPORTS [1984] 3 s.c.R.

all the relevant considerations, some of which are referred to above, whjfo dealihg with the complex problem of determining the equitab!; pay SCljles for the vast number of employees of the Central Government and of the Union Territories. We have also no douht tltat 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 sittiiti()n, 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 'Commis- ,,_ . . .

S!OQ. . , • '

It was, however, urged that since the Fourth Pay Commission would not be making any recommendation in bspect of the period

between 1973 and ; the dateon which the new. pay scales to be fiired on the recommendation of the Fourth Pay Commissloi: would come.into force, the Court should. eons id er whether the VetetiJlary Assistant' Surgeons were entitled to any retrospecti'Vei beniftt in respect Qf the said' pastperiod. Having regard to the . !orig delay in approaching this Court after the fixation of their pay sca'e earlier, we do not propose to grant 11ny relief in respect . of that period. ·

The. petition is,, therefore; dismis§ed. The petitioner is at liberty to make its representation befor tho .Fourth Pay Commission to determine the pay scale of the' Veterinary Assistllnt Surgeons of Delhi. We a; re sure that the Fourth Pay Commls sion which js presidedoover by a former Judge of this Coiil'li would consider theii: representation sympathetically.

N.V.K. . Petition dis"!is:teif.