The Equal Pay for Equal Work Principle Cannot Be Used Simply On The Basis Of Designation: Supreme Court
According to the Supreme Court, the concept of equal compensation for equal work cannot be implemented solely on the basis of job title.
In this case, the court had to consider the claims of Private Secretaries (Grade-II) (“PS-II”) working for the Eastern Central Railways (Field Office/Zonal Railways) for pay parity with their counterparts working for the Central Secretariat Stenographers Service (“CSSS”)/Railway Board Secretariat Stenographers Service (“RBSSS”)/Central Secretariat Stenographers Service (“RBSSS”)/Central Secretariat Stenographers Service (“CAT”).
The court noted in its interpretation of the Sixth Central Pay Commission report that; the gap between the Secretariat and the field offices was a point raised by the Commission itself; while making recommendations. “However, a distinct proposal was made in relation to Secretariat Organizations and non-Secretariat Organizations to some extent. To direct absolute parity after these suggestions have been made individually, the distinct recommendations qua non-Secretariat Organizations would be otiose. There would have been no need to make these distinct suggestions qua non-Secretariat Organizations, if one may say so. If everyone was to be treated equally in every aspect; there would have been no need to make these different recommendations,” the court observed.
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