In a significant ruling that underscores the principle of equal pay for equal work, the Telangana High Court has come down heavily on the state government for underpaying the former chairman of the Andhra Pradesh State Biodiversity Board. The court directed the authorities to retroactively double the salary of distinguished agronomist Dr R Hampaiah, aligning it with national standards for the period he served.
A Case of Glaring Pay Disparity
Dr R Hampaiah, a respected agronomist, served as the chairman of the State Biodiversity Board from May 2006 until January 2015. Despite holding a high statutory office with significant public responsibilities, his monthly remuneration remained frozen at Rs 44,000. This was in stark contrast to the revised pay scale of Rs 80,000 per month recommended by the 6th Central Pay Commission for equivalent roles, which was implemented for chairpersons in other states and the National Biodiversity Authority.
The injustice was further highlighted by the fact that the board's member secretary, who worked under Dr Hampaiah's supervision, was drawing a higher salary than the chairman himself. The petitioner argued that this pay stagnation was discriminatory, especially since counterparts in states like Kerala, Gujarat, and Uttarakhand had received the revised pay scales.
Court Rejects State's 'Parsimonious' Stance
A division bench comprising Chief Justice Aparesh Kumar Singh and Justice G M Mohiuddin delivered the verdict on Monday. The bench firmly rejected the state's argument that the post was a mere 'tenure-based appointment' not entitled to automatic pay revisions. The judges emphasized that the state cannot act as a 'parsimonious employer' when dealing with statutory positions of great public importance.
The court invoked the doctrine of parity, stating that Dr Hampaiah, who discharged functions identical to similarly placed chairpersons across India under the same law, was subjected to differential treatment without any logical basis. 'Article 14 of the Constitution permits classification only where it rests on an intelligible differentia having a rational nexus to the object sought to be achieved,' the court noted, adding that no such rationale was shown for excluding Dr Hampaiah from the pay revision.
Landmark Ruling on Dignified Remuneration
The judgment firmly established that the principle of 'equal pay for equal work' applies forcefully to statutory appointments where duties and accountability are comparable. The court stated that denial of the revised pay scale violated Articles 14 and 16 of the Constitution and also impinged upon the 'Right to Dignified Remuneration' implicit in Article 21.
Concluding the matter, the High Court directed the chief secretaries of Telangana and Andhra Pradesh to revise Dr Hampaiah's pay to the scale of Rs 80,000 per month plus applicable allowances. This revision is to be effective from February 5, 2009, until the end of his tenure in January 2015. The court ordered that the arrears be calculated and disbursed to him within twelve weeks.
This ruling sets a crucial precedent for ensuring fair compensation for individuals holding high-level statutory positions, reinforcing the state's duty to act as a model and fair employer.
