Case Note & Summary
The appeal arises from a judgment of the High Court of Punjab and Haryana which dismissed the Letters Patent Appeal filed by the Punjab State Electricity Board (PSEB) against the order of a learned Single Judge allowing the writ petition of the respondents, Sub Fire Officers. The respondents were inducted into PSEB service in 1978 and were working as Sub Fire Officers. Their pay scale was initially Rs.225-500, revised to Rs.620-1200 w.e.f. 01.01.1978, and further revised to Rs.1640-2925 w.e.f. 01.01.1986 along with other categories like Head Clerks, Head Clerk-cum-Divisional Accountants, and Internal Auditors. Subsequently, by order dated 03.10.1990, the pay scale of Head Clerks was revised to Rs.2000-3500 and Internal Auditors to Rs.1800-3200, but the pay scale of Sub Fire Officers was not revised on par. The respondents made representations and filed CWP No.9294 of 1993 claiming parity with State Government employees and with other posts in Group XII. The learned Single Judge allowed the writ petition holding that Sub Fire Officers are within Group XII and cannot be denied same scales of pay when increased for other three classes within Group XII, but rejected the claim for parity with State Government employees. The Division Bench dismissed the Board's appeal. The Supreme Court considered whether Sub Fire Officers can claim parity with other posts in Group XII merely because they are categorized in the same group. The Court noted that PSEB is an autonomous body under the Electricity Supply Act, 1948, and its services are governed by the Punjab State Electricity Board (Revised Pay) Regulations, 1988. The First Schedule categorizes various groups, and Group XII includes Internal Auditor, Head Clerk, Head Clerk-cum-Divisional Accountant, and Sub Fire Officer, all in the same scale of Rs.1500-2925. The Court observed that while the nature of work, duties, and qualifications for each post may differ, the Board itself classified them in the same group without any sub-classification. The Board revised the pay scales of other posts in Group XII but not of Sub Fire Officers, which the Court found discriminatory. The Court held that once posts are classified in the same group, the Board cannot treat them differently without any basis. The Court dismissed the appeal, affirming the High Court's decision, and directed the Board to grant the same pay scale to Sub Fire Officers as given to other posts in Group XII, with consequential benefits within three months.
Headnote
A) Service Law - Pay Parity - Group Classification - Sub Fire Officers included in Group XII with Head Clerks, Head Clerk-cum-Divisional Accountants, Internal Auditors - Court held that once posts are classified in the same group without any sub-classification, denial of same pay scale to Sub Fire Officers when revised for other posts in the same group is discriminatory - Held that the Board cannot treat Sub Fire Officers differently without any basis (Paras 14-18). B) Constitutional Law - Article 14 - Discrimination - Pay Scale - Different pay scales for posts in same group - Court held that the Board's action in revising pay scales of other posts in Group XII but not Sub Fire Officers amounts to discrimination under Article 14 - Held that the Board must grant same pay scale to Sub Fire Officers as given to other posts in Group XII (Paras 16-18). C) Service Law - Equal Pay for Equal Work - Principle - Court reiterated that parity in pay scales depends on comparative evaluation of job and equation of posts - However, where posts are classified in the same group without differentiation, the principle applies - Held that the Board's failure to revise pay scale of Sub Fire Officers on par with other posts in Group XII is arbitrary (Paras 11-15).
Issue of Consideration
Whether Sub Fire Officers can claim parity of pay scale with Head Clerks, Head Clerk-cum-Divisional Accountants, Internal Auditors, etc. merely on the ground that the post of Sub Fire Officers is categorised in Group XII; Whether grant of different scale of pay to Sub Fire Officers is discrimination and in violation of Article 14 of the Constitution of India.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's judgment. The Court held that the Board's action in revising pay scales of other posts in Group XII but not Sub Fire Officers is discriminatory. The Board is directed to grant the same pay scale to Sub Fire Officers as given to other posts in Group XII, with consequential benefits, within three months.
Law Points
- Pay parity
- Equal pay for equal work
- Classification of posts
- Group categorization
- Judicial restraint in pay fixation
- Article 14 discrimination
