• Sign In/Sign Up
  • Menu
  • +Clients Back

    • Get Free Legal Answers
    • Get Fee Estimates
    • Find Lawyers
  • +Lawyers

    • Case Diary & Office Manager
    • Post News & Artilces
    • Post Jobs & Internships
  • +Law Students

    • Campus Ambassadors
    • Find Jobs & Internships
    • Post News & Articles
    • Resource Sharing
  • +Law Schools

    • Post Admissions
    • Post Opportunities
    • Get Law School Rating

  • Home
  • Legal News
  • Equal Pay for Equal Work, not a fundamental Right: Supreme Court

Latest News

Back

Equal Pay for Equal Work, not a fundamental Right: Supreme Court

Courtesy/By: Amrit Verma  |  31 Jan 2022     Views:1105

The Supreme Court of India, on Thursday, remarked in a judgment that, “Equal Pay for Equal Work” is not any fundamental right vested in any employee, though it is a constitutional goal to be achieved by the government. The Supreme Court held in the case of State of Madhya Pradesh VS. RD Sharma.

The bench comprising of Justice D.Y. Chandrachud and Bela M. Trivedi observed that the equation and calculation of pay scales is not the job of the judiciary, it has to be done by the executive only. Therefore, the court of law will not ordinarily enter upon the task of job evaluation. Further, the court added that the task of job evaluation is generally left to the expert bodies like Pay Commissions. 

In this case, the writ petitioner before the High Court of Delhi is a retired Principal Chief Conservator of Forest (PCCF). He demanded a revision of his pension from RS.37,750/- to RS.40,000/-, as per the Indian Forests Service (Pay) Second Amendment Rules, 2008. This representation of the petitioner was rejected by the Government of India. 

The petitioner on rejection of his representation by the central government approached the Central Administrative Tribunal, which further dismissed his original application. Later on, the High Court allowing the writ petition held that he was eligible to get the benefit of RS. 40,000 as pension at par with other officers, as per the rules of 2008.

In an appeal filed by the State, the apex court noted that the High Court has completely misdirected itself by applying the principle of “equal pay equal work”. The case of the State of Punjab and Ors. Vs. Jagjit Singh and Ors. (2017 SCC 148), has no application to the facts of the present case which was decided upon by the apex court.

The Counsel for the petitioner state, in this case, argued that the benefit of an up-gradation of one existing person cannot be given to the person who has already retired from his post. The Counsel cited Krishnaswamy & Ors. VS. Union of India & Ors.

Further, the apex court noted after referring to the relevant rules that, the tribunal has rightly rejected the claim made by the appellant. In its decision, the Tribunal has not committed any judicial error, nor had any failure of justice been made. Hence, the court while allowing the appeal said that the interference of the High Court in the order passed by the tribunal is not justified.  

The Apex Court rightly with just and proper order concluded that the order passed by the High Court by wrongly setting aside the decision of Tribunal on extraneous grounds by applying the rule of “equal pay for equal work”. The High Court passed this order while exercising its power of superintendence under Article 227 of the Constitution. The first question of using Article 227 was raised by the Supreme Court to find out whether the High Court was misdirected or not.

 

 

 

 

 

 


Courtesy/By: Amrit Verma  |  31 Jan 2022     Views:1105

News Updates

Understanding the Process of Issuing Summons in In...
11 Jul 2023     Views:375
Understanding the Unlawful Activities (Prevention)...
10 Jul 2023     Views:317
Understanding the Mental Health Act in India: A St...
09 Jul 2023     Views:265
Combating Manual Scavenging in India: A Call for S...
07 Jul 2023     Views:345
Impleadment in Supreme Court of India: A Comprehen...
05 Jul 2023     Views:382
Unraveling the Distinction: Culpable Homicide vs. ...
03 Jul 2023     Views:349
Understanding the Difference between Money Bills a...
02 Jul 2023     Views:201
Understanding the Civil Procedure Code in India: A...
01 Jul 2023     Views:265
The Rights of Criminals in India: Upholding Justic...
30 Jun 2023     Views:204
Exploring the Differences between the US and India...
29 Jun 2023     Views:197
What to Do If the Police Refuse to Register Your F...
26 Jun 2023     Views:328
Timeline of Environmental Protocols: A Global Effo...
25 Jun 2023     Views:209
How to Deal with Cheque Bounce Cases in India...
24 Jun 2023     Views:238
Pursuing a Lucrative Litigation Career in Indian L...
22 Jun 2023     Views:204
Understanding the Emergency Provisions of India: S...
21 Jun 2023     Views:244
Environment Legislation in India: A Comprehensive ...
20 Jun 2023     Views:217
Understanding the Emergency Powers of the Constitu...
18 Jun 2023     Views:217
Understanding the Emergency Powers of the Constitu...
17 Jun 2023     Views:211
Timeline of Same-Sex Laws in India: A Journey Towa...
16 Jun 2023     Views:211
Sir Creek Dispute and Legal Implications...
15 Jun 2023     Views:262
Jurisprudence of NDPS Laws in India: A Comprehensi...
14 Jun 2023     Views:275
Impleadment Proceedings: A Comprehensive Guide to ...
13 Jun 2023     Views:276
Understanding Continuing Mandamus: A Powerful Judi...
12 Jun 2023     Views:392
Res Judicata: The Doctrine of Finality in Legal Pr...
10 Jun 2023     Views:304
Mastering the Art of Legal Drafting: A Comprehensi...
08 Jun 2023     Views:288
Order 1 Rule 10 of the Code of Civil Procedure (CP...
07 Jun 2023     Views:1464
Understanding the Laws of War: Protecting Humanity...
03 Jun 2023     Views:256
Understanding the Code of Criminal Procedure (CRPC...
02 Jun 2023     Views:374
The National Drug and Psychotropic Substances (NDP...
01 Jun 2023     Views:232
A Step-by-Step Guide: How to File an FIR in India...
31 May 2023     Views:258
Zero FIR: An Effective Tool for Prompt Criminal Ju...
30 May 2023     Views:286
Unveiling the Dissent of Judges in Judicial Judgme...
28 May 2023     Views:247
Environmental Laws in India: Safeguarding Nature f...
25 May 2023     Views:331
The Recusal of Supreme Court of India Judges from ...
24 May 2023     Views:258
Understanding the Jurisdiction of the Supreme Cour...
23 May 2023     Views:321
Article 142 of the Constitution of India: A Compre...
22 May 2023     Views:402
Landmark Judgments in Arbitration Law in India: A...
21 May 2023     Views:618
Landmark Cases on Anticipatory Bail in India: A Pa...
20 May 2023     Views:999
Embracing the Future: How AI is Revolutionizing th...
18 May 2023     Views:241
Understanding Narcotics Laws in India: A Comprehen...
17 May 2023     Views:297
Understanding Indian Laws on Cross-Border Transact...
16 May 2023     Views:499
ADR mechanism of legal adjudication in India...
15 May 2023     Views:193
Validity of foreign arbitral award in India throug...
14 May 2023     Views:268
Scope of Section 151 CPC...
13 May 2023     Views:858
Detailed Overview on Section 482 of Crpc...
11 May 2023     Views:526
Scope of Decree under CPC...
10 May 2023     Views:450
Legal development of Arbitration Laws in India....
09 May 2023     Views:427
Arbitration Laws in India...
07 May 2023     Views:350
Impact of COVID-19 on Legal Industry...
06 May 2023     Views:264
Chargesheet not having authority's valid sanction ...
02 May 2023     Views:457
Same-Sex Marriage in India...
30 Apr 2023     Views:361
National Commission for Women...
27 Apr 2023     Views:279
Law making process of India....
26 Apr 2023     Views:503
Bail Provisions in India...
25 Apr 2023     Views:328
Life imprisonment in Criminal Law in India...
24 Apr 2023     Views:228
Contempt of Court...
23 Apr 2023     Views:383
The collegium system of Judiciary in India....
22 Apr 2023     Views:270
Remarriage before Expiry of Limitation Period to f...
21 Apr 2023     Views:276
Need for strict measure of NDPS laws in India....
20 Apr 2023     Views:237
Nature of Offence under Section 138 of NI Act is Q...
19 Apr 2023     Views:737
Order VII Rule 11 CPC: Plaint cannot be rejected m...
18 Apr 2023     Views:745
Mediation: At the Dawn of Golden Age organized at ...
16 Apr 2023     Views:382
Central Government's motto should be mediate, not ...
15 Apr 2023     Views:283
Ambedkar Jayanti Celebrations...
14 Apr 2023     Views:437
Supreme Court of India calls for Preventive Measur...
12 Apr 2023     Views:228
Pursuing LL.M is not break in Law Practice, Rules ...
11 Apr 2023     Views:301
Law should take into consideration realities of co...
10 Apr 2023     Views:294
Delhi High Court said that peeping into public bat...
08 Apr 2023     Views:382
Delhi High Court denies bails to AAP's Satyendra J...
06 Apr 2023     Views:889
Supreme Court’s Triple Talaq Judgement Would App...
30 Jan 2023     Views:696
Article 311(1) | An Order of Removal From Service ...
26 Jan 2023     Views:1083
Leaders shouldn't disrespect the President or Pri...
17 Jan 2023     Views:555
New bench will hear Ashwini Upadhyay's Supreme Cou...
15 Jan 2023     Views:640
Person Who Drove Rashly with the Knowledge that it...
12 Jan 2023     Views:813
The rigours of Section 37 of the NDPS Act cannot b...
11 Jan 2023     Views:735
Supreme Court sends a notice about a petition for ...
09 Jan 2023     Views:872
The Meghalaya High Court's hold on the MoU definin...
08 Jan 2023     Views:866
Google's appeal of the ?1,337 crore fine from the ...
04 Jan 2023     Views:307
SC Issues Notice In A Batch Of Pleas Challenging T...
03 Jan 2023     Views:413
The Supreme Court rejects appeals against the 2016...
02 Jan 2023     Views:405
Chanda Kochhar and her husband Deepak Kochhar rema...
01 Jan 2023     Views:453
Gender Discrimination in intestate succession unde...
29 Dec 2022     Views:709
Section 300 CrPC BarTrial of a Person Not Only for...
29 Dec 2022     Views:593
Centre Informs Rajya Sabha That There Is No Propos...
28 Dec 2022     Views:412
Calcutta High Court: Depriving wife of her Stridha...
27 Dec 2022     Views:611
Sec 498A: An Apology should be tempered with genui...
24 Dec 2022     Views:388
Kerala High Court: Search engines like Google cann...
23 Dec 2022     Views:521
Rules of the Game Cannot be Changed After the Game...
23 Dec 2022     Views:2529
Bombay High Court: Social Media has become an impo...
21 Dec 2022     Views:539
Calcutta High Court Grants Bail to Murder Accused ...
19 Dec 2022     Views:486
Sec 438 CrPC: Anticipatory Bail Plea is Not Mainta...
19 Dec 2022     Views:804
Rights of secured creditors under SARFAESI, Recove...
18 Dec 2022     Views:394
Can a man accuse his wife of domestic violence? De...
17 Dec 2022     Views:751
CRITICAL ANALYSIS OF BAIL PROVISIONS UNDER THE IND...
15 Dec 2022     Views:818
Guardianship of an illegitimate minor granted to h...
14 Dec 2022     Views:383
Under the POCSO Act, rehabilitation of the victim ...
14 Dec 2022     Views:390
CRITICAL ANALYSIS OF BAIL PROVISIONS UNDER THE IND...
13 Dec 2022     Views:1178
The current collegium system shouldn't be abandone...
10 Dec 2022     Views:428
Framing of a uniform marriage code applicable to a...
09 Dec 2022     Views:598
Telangana High Court: Appropriation of a Decree of...
07 Dec 2022     Views:411
FIND A LAWYER




FIND A LAW SCHOOL



Most Read News Articles

  • Sabrimala Verdict (28 sept 2018) - A End of Taboo.
    On 07 Oct 2020    Views:90760
  • Case Analysis: THE BERUBARI UNION CASE
    On 14 Dec 2020    Views:64122
  • DOCTRINE OF ELECTION UNDER TRANSFER OF PROPERTY ACT, 1882
    On 08 Jul 2020    Views:63751
  • Case Analysis: Vellore Citizens Welfare Forum vs Union of India
    On 11 Dec 2020    Views:61542
  • A.K. Gopalan v. State of Madras (1950 AIR 27, 1950 SCR 88)
    On 08 Nov 2020    Views:51749
View all >>

Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified

Allow Cookies!

By using our website, you agree to the use of cookies

86540

Lawyers Network

103860

Users

630

Cities Serving

114

Law Schools Network

59824

Law Students Network

About us

  • Company Profile

Indian Major Laws

  • Indian Constitution
  • IPC
  • CrPC
  • CPC
  • Companies Act
  • Indian Evidence Act
  • CGST Act
  • Limitation Act

Policies

  • Terms of Use
  • Privacy Policy
  • Refund & Cancellation

    Ads & Media

  • Resource Sharing
  • Advertiser(Sign Up/Login)
  • Media

    Careers

  • Internships
  • Jobs
  • Student Journalists

    HELP & SUPPORT

  • Contact Us
  • Grievances
  • Test

News

  • Legal News
  • Post Article
  • Post Interview

Legal Library

  • Central Acts
  • Deeds Drafts [1127 ]
  • Legal Maxims

Connect

Lawsisto Direct

 

  •  
  •  
DISCLAIMER
Copyright © Lawsisto Private Limited. All rights reserved.
Unless otherwise indicated, all materials on these pages are copyrighted by Lawsisto Private Limited. All rights reserved. No part of these pages, either text or image may
be used for any purpose. By continuing past this page, you agree to our Terms of Service, Cookie Policy, Privacy Policy and Content Policies.