Dehradun: The Uttarakhand High Court on Wednesday dismissed petitions seeking a higher pay scale for female health workers and upheld the state's decision to maintain separate pay grades for employees appointed before and after 2013. The court observed that the principle of not treating unequal categories equally is consistent with Articles 14 and 16 of the Constitution.
Background of the Case
The case has its origins in an earlier judgment of the Allahabad High Court, following which certain health workers in the erstwhile state were granted a revised pay scale. Pursuant to that ruling, the government granted a grade pay of Rs 2,800 as personal pay to the employees covered by the judgment.
Petitioners' Argument
In the present petitions, the petitioners sought the same Rs 2,800 grade pay, citing the principle of “equal pay for equal work”. However, the HC rejected their plea. The court observed that the petitioners, having been appointed after 2013, were not parties to the earlier litigation and belonged to a category distinct from the employees who had benefited from the previous judgment.
State's Defense
Appearing for the state, counsel argued that pay-scale determination involves several factors, including financial capacity, educational qualifications and the mode of appointment. The court observed that the state’s decision not to extend the Rs 2,800 grade pay to all employees, including future appointees, was justified, particularly in view of the potential financial implications of extending the higher pay scale to a large number of employees.
Court's Observations
The court also observed that the petitioners had accepted appointments carrying a grade pay of Rs 2,000 and “could not subsequently claim a different pay scale on grounds of parity”. It noted that the applicable pay grade for new appointees had been specified in the recruitment rules.
Referring to judicial precedents on pay-scale matters, the court noted that courts generally refrain from interfering in pay-scale determination unless there are compelling reasons indicating significant error or injustice.
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About the Author: Pankul Sharma, a journalist based in Dehradun, Uttarakhand, with over 22 years of experience in the field of journalism. Currently serves as a special correspondent. He covers the Judiciary (High Court, NGT, Consumer Commission, and Tribunals), Archaeology, Culture, and Industry.
