- (1.) This appeal by special leave is from a judgment of the High Court of Allahabad dated November 6, 1985 passed in Civil Misc. Writ Petition No. 4211 of 1983. The appeal raises a question of considerable importance. The question is whether it is permissible to have two pay scales in the same cadre for persons having same duties and having same responsibilities. The High Court has answered the question in the negative. It is said that it would be violative of the constitutional right of "equal pay for equal work."
(2.) The facts are not in dispute. They will be found correctly stated in the judgment under appeal and may briefly be stated thus : Prior to 1965, in the High Court of Allahabad, Bench Secretaries were on a higher pay scale than that of Section Officers. They were in the pay scale of Rs. 160-320/- as against the pay scale of Rs. 120-300/- to Section Officers. In 1965 the State Government appointed a Pay Rationalisation Committee with wide ranging reference. The Committee was asked to consider the duties and responsibilities of different categories of posts. It was required to consider and recommend changes to reduce the number of then existing pay scales. It was also asked to recommend as far as possible equal emoluments for identical duties and responsibilities. The Committee submitted a detailed report, in which Bench Secretaries became casualties. The Committee recommended for them a pay scale slightly lower than that of Section Officers. Rs. 150-350/was recommended for Bench Secretaries as against Rs. 200-400/- for Section Officers. The State Government accepted the recommendations. Subsequently, these pay scales were raised to Rs. 200-450/- and Rs. 515-715/- respectively.
(3.) Being dissatisfied with the down grading, the Bench Secretaries made representation to the Government. They demanded that they should at least be put at par with Section Officers if not on higher scale. The High Court supported their case but half-heartedly. The High Court suggested "that in view of financial exigencies the Government may grant for the time being pay scale to 10 Bench Secretaries as admissible to Section Officers." When this matter was pending consideration, the Government appointed the Pay Commission (1971-72) headed by Shri Ali Zahir. On February 1, 1973, the Pay Commission submitted its report. The report did not accept the claim of Bench Secretaries for giving them pay scale equal to Section Officers or Private Secretaries. The report was in fact very much against them. The following remarks of the Pay Commission would be pertinent: "9. Bench Secretaries (Sakha Sachiv) A memorandum from the Bench Secretaries given to us states that the posts which are at present in the scale of Rs. 200-450/- are of a great responsibility for which experience and special qualifications are required. They have claimed that their duties are equivalent to Private Secretaries of Hon'ble Judges and have demanded the same pay scale which is given to Private Secretaries and the Section Officers. The Registrar of the High Court while forwarding the memorandum has suggested that they should also be given the same pay scale which is given to Superintendents i.e. Rs. 515-40-715 or to the Section Officers i.e. Rs. 350-750/-. It is not necessary to emphasise that in comparison to Bench Secretaries, the Section Officers of the Secretariat has to bear more responsibilities in their Section and have to control over its subordinates. Section Officers have to prepare a lengthy and original notes in complicated and important matters. Therefore, the responsibilities of the two posts cannot be said to be equal. Keeping in view the present scale of pay, the pay scale recommended by the Pay Rationalisation Committee, the nature of duties and responsibilities and the fact that every Hon'ble Judge will have one Private Secretary in the scale of Rs. 500- 1000/-, we feel that the Bench Secretaries cannot be given the same scale of pay which is being given to Superintendents or the Section Officers. Since the Bench Secretaries are promoted from Upper Division Assistants, they should feel satisfied if they are placed in a scale of pay a little above the Upper Division Assistants. Therefore, we have recommended for them a pay scale of Rs. 400-15-475-20-575-25-750/-.";