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PETITIONER: DELHI VETERINARY ASSOCIATION

       Vs.

RESPONDENT: UNION OF INDIA & ORS.

DATE OF JUDGMENT12/04/1984

BENCH: VENKATARAMIAH, E.S. (J) BENCH: VENKATARAMIAH, E.S. (J) MADON, D.P.

CITATION:  1984 AIR 1221            1984 SCR  (3) 429  1984 SCC  (3)   1        1984 SCALE  (1)663  CITATOR INFO :  D          1988 SC1291  (9)

ACT:      Constitution of  India 1950-Article  39 (d)  ‘Equal pay for equal  work’-Principle-Applicability  of-Factors  to  be taken into consideration while fixing pay scales.      Veterinary  Assistant   Surgeons  employed   in   Delhi Administration, Union  Territory of  Chandigarh and  Central Government-Disparity  in   pay   scales-Whether   veterinary assistant surgeons  in Delhi  Administration  entitled    to equal scales of pay.

HEADNOTE:      The Petitioner  in a  writ petition  sought  relief  in respect of  Veterinary Assistant  Surgeons  working  in  the Delhi Administration, alleging that the Veterinary Assistant Surgeons have  been denied  the  benefit  of  the  principle of‘equal pay  for equal work’ incorporated in Article 39 (d) of the Constitution and that there has been violation of the fundamental rights  guaranteed under  Articles  14  and  16, because their  scale of  salary (Rs. 550-990) was lower than the pay  scale of  Veterinary Assistant Surgeons employed by the Union  Territory of  Chandigarh (850-1700),  or  by  the Central Government in the Indo-Tibetan Boarder Police and by the Border Security Force (Rs. 650-1200).      The writ  petition was  opposed by  the Union  of India denying many  of the  allegations in the petition, while the Development Commissioner,  while  the  Delhi  Administration contested the  writ petition  by justifying the impugned pay scale and also by pleading that the matter should be allowed to be examined by the Fourth Pay Commission.      Dismissing the writ petition, ^      HELD: 1.  The question of the fixation of pay scale for Veterinary Assistant  Surgeons should  be left to be decided by the  Government on the basis of the recommendation of the Fourth Pay Commission. The question of discrimination cannot be decided  in isolation. Having regard to the long delay in approaching this  Court after the fixation of the pay scale, no relief  can be  granted in  respect of the period between 1973 and  1984. The  petitioner is  at liberty  to make  its representation before the Fourth Pay Commission. [434 H-E]

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430      2. In addition to the principle of ‘equal pay for equal work’, the  pay structure of the employees of the Government should reflect  many other  social values.  Apart from being the dominant employer, the Government is also expected to be a model  employer. It  has, therefore,  to  follow  certain, basic principles  in fixing  the pay scales of various posts and cadres.  The degree of skill, strain of work, experience involved,  training   required,  responsibility  undertaken, mental and  physical requirements  disagreeableness  of  the task, hazard attendant on work and fatigue involved are some of the  factors which  should be taken into consideration in fixing pay  scales. The  method of recruitment, the level at which the  initial recruitment  is made  in the hierarchy of service  or   cadre,  minimum   educational  and   technical qualification  prescribed   for  the  post,  the  nature  of dealings with the public, avenues of promotion available and horizontal and  vertical relativity  with other  jobs in the same service  or outside are also relevant factors. [432F-H; 433A]      3. Wile  fixing the  pay scales, the paying capacity of the Government,  the total  financial burden which has to be borne by  the general  public,  the  disparity  between  the incomes of the Government employees and the incomes of those who are  not  in  government  service  and  the  net  amount available for  government at  the  current  taxation  level, after paying  the salaries  and allowances to the Government servants have also to be borne in mind.          [433B-C]      4. It  is imperative  that there should be an evolution and  implementation  of  a  scientific  national  policy  of incomes, wages  and prices  which would  be  applicable  not merely to  Government services but also to the other sectors of the  national economy.  As far as possible the needs of a family unit  have to  be borne  in mind  in fixing  the wage scales. The  ‘needs’ are  not static.  They include adequate nutrition, medical facilities, clothing, housing, education, cultural, activities  etc. Care  should also be taken to see that what  is fixed  today as an adequate pay scale does not become inadequate  within a  about period  by  providing  an automatic mechanism  for the  modification of the pay scale. [433E-G]

JUDGMENT:      ORIGINAL JURISDICTION: Writ Petition No. 9080 of 1983      (Under article 32 of the Constitution of India)      K. K.  Singhvi, A.  K. Gupta  and Brij  Bhushan for the petitioner. K.  G. Bhagat,  Addl. Sol.  General, Harbans Lal and R.N. Poddar for the Respondents.      The Judgment of the Court was delivered by      VENKATARAMIAH, J.  The Delhi  Veterinary Association is the petitioner  in the  above case.  It is an association of veterinary doctors  who are  residing in the Union Territory of  Delhi.   By  this  petition  under  Article  32  of  the Constitution, the petitioner 431 is  seeking   relief  in  respect  of  Veterinary  Assistant Surgeons  working   in  the   office  of   the   Development Commissioner,  Delhi  Administration,  Delhi,  who  are  its members. It  is  alleged  that  these  Veterinary  Assistant Surgeons have  been denied  the benefit  of the principle of ‘equal pay for equal work’ incorporated in Article 39 (d) of the Constitution  and that there has been violation of their fundamental rights  guaranteed under  Article 14 and Article

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15 of  the Constitution  because their  scale of  salary  is lower than  the pay  scale of  Veterinary Assistant Surgeons employed by  the Union  Territory of  Chandigarh or  by  the Central Government  in the  Indo-Tibetan Border  Police (I.T B.P) and  in the  Border Security  Force (B.S.F ) It is also alleged that  the Veterinary  Assistant Surgeons are persons who have  obtained Bachelor’s  Degree in  Veterinary Science and Animal  Husbandry (B.V.Sc.  &  A.H.)  from  colleges  of veterinary  medicine  and  the  minimum  qualifications  for entering the  said course are more or less the same as those prescribed for  M.B.B.S. or  B.D.S. Examinations. They would be taught  in the colleges of veterinary medicine inter alia subjects  like   Biochemistry,  Pharmacology  &  Toxicology, Bacteriology,  Pathology,  Hygiene,  Parasitology,  Surgery, Radiology,  Clinical   &  Preventive  medicine,  Obstetrics, Gynecology and  additionally Animal Husbandry. Some of them, it is stated, have also undergone some special courses after their degree.  Having regard  to the  period of study in the college and  the subjects  taught they  claim that  they are almost equal  to those who have obtained M.B.B.S. and B.D.S. degrees.      It is  alleged that  whereas the  Veterinary  Assistant Surgeons in  the Union  Territory of  Chandigarh  were  paid salary in  the pay scale of Rs. 850-1700 on the basis of the pay scale  prevailing in  the adjoining  State of Punjab and the Veterinary  Assistant Surgeons  in the Union Territories of Arunachal  Pradesh and Mizoram were paid in the pay scale of Rs.  550-900, the  Veterinary Assistant  Surgeons of  the Union Territory  of Delhi were given pay in the pay scale of Rs. 425-750  from January  1, 1973  and on  a representation being made by them, their pay scale was modified to Rs. 550- 900 with  effect from  November 2, 1977 as was being paid in the Union  Territories of Arunachal Pradesh and Mizoram with effect from  January 1,  1973 even  though the  Ministry  of Agriculture had  recommended that  their pay scale should be revised to  Rs. 650-1200.  The petitioner contends that even now the  disparity between their pay scale and the pay scale of the  Veterinary Assistant Surgeons of the Union Territory of 432 Chanigarh and  of I.T.B.P.  and B.S.F. which is fixed at Rs. 650-1200 persists. On the basis of the above allegations the petitioner prays  that a  direction should  be issued to the respondents to  treat the  Veterinary Assistant  Surgeons of the  Delhi   Administration  at   par  with  the  Veterinary Assistant Surgeons of Chandigarh, I.T.B.P. and B.S.F.      A counter  affidavit is  filed on  behalf of  the Union Government denying  many of  the allegations in the petition and in  particular the recommendation said to have been made by the ministry of Agriculture.      The Development Commissioner, Delhi has filed a counter affidavit justifying  the impugned pay scale and at the same time he  has pleaded  that this  is a matter which should be allowed to be examined by the Fourth Pay Commission. In view of the  latter plea,  we feel  that it is not appropriate to deal  with  the  merits  of  the  claim  of  the  Veterinary Assistant Surgeons  of Delhi  in the  course of  this  order although we feel that prima facie their grievance appears to be a  legitimate one.  Since any  alteration  in  their  pay scales would  involve modification  of  the  pay  scales  of officers in  the higher cadres in the same department and in the corresponding  cadres in  other departments, the work of refixation  of  the  pay  scale  should  not  ordinarily  be undertaken by the Court at this stage because the Fourth Pay Commission is  required to  consider the  very same question

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after taking into consideration all the relevant aspects.      In addition  to the  principle of  ’equal pay for equal work’, the  pay structure of the employees of the Government should reflect  many other  social values.  Apart from being the dominant employer, the Government is also expected to be a model employer. It has, therefore, to follow certain basic principles in  fixing the  pay scales  of various  posts and cadres in  the Government  service.  The  degree  of  skill, strain of  work,  experience  involved,  training  required, responsibility undertaken, mental and physical requirements, disagreeableness of  the task,  hazard attendant on work and fatigue involved are, according to the Third Pay Commission, some of  the relevant  factors which  should be  taken  into consideration  in   fixing  pay   scales.  The   method   of recruitment, the  level at  which the initial recruitment is made  in   the  hierarchy   of  service  or  cadre,  minimum educational and  technical qualifications prescribed for the post, the  nature of  dealings with  the public,  avenues of promotion available and hori- 433 zontal and  vertical relativity  with other jobs in the same service or outside are also relevant factors.      At the  same time  while fixing  the  pay  scales,  the paying capacity  of  the  Government,  the  total  financial burden which  has to  be borne  by the  general public,  the disparity between  the incomes  of the  Government employees and the  incomes of  those who are not in Government service and the  net amount  available for Government at the current taxation level,  which appears to be very high when compared with  other   countries  in  the  world,  for  developmental purposes after  paying the  salaries and  allowances to  the Government servants  have also  to be  borne in  mind. These are, however,  not exhaustive  of the  various matters which should be  considered while fixing the pay scales. There may be many others including geographical considerations.      Above all,  it should  be noted  that the work of a Pay Commission does  not really mean an increase of Rs. 100 here or recommending  an additional allowance of Rs. 50 there. It does also  mean a mere reduction of the number of pay scales or an  attempt at  the reduction  of  the  gap  between  the highest pay  scale and  the lowest  pay scale  It is  a  big exercise in  gearing up  the national  economy to secure the highest good  to the  millions  of  our  countrymen.  In  an egalitarian  society   based  on   planned  economy   it  is imperative  that   there  should   be   an   evolution   and implementation of  a scientific  national policy of incomes, wages and  prices which  would be  applicable not  merely to Government services  but also  to the  other sectors  of the national economy,  As far  as possible the needs of a family unit have to be borne in mind in fixing the wage seales. The ’needs’ are  not static.  They include  adequate  nutrition, medical facilities,  clothing, housing  education,  cultural activities etc.  Any provision  made while  fixing  the  pay scales for  the development of a society of healthy and well educated children  irrespective of  the economic position of the parents  is only  an investment  and not just an item of expenditure. In  these days  of  galloping  inflation,  care should also  be taken  to see that what is fixed today as an adequate pay scale does not become inadequate within a short period  by   providing  an   automatic  mechanism   for  the modification of the pay scale.      The duties  of a Pay Commission are really onerous. But we have no doubt that the Fourth Pay Commission will keep in view 434

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all the  relevant considerations, some of which are referred to  above,   while  dealing  with  the  complex  problem  of determining the  equitable pay scales for the vast number of employees  of  the  Central  Government  and  of  the  Union Territories. We  have also  no doubt  that  the  Fourth  Pay Commission will not just be another Pay Commission as in the past but will lay down sound principles regarding the salary structure of the public services.      In the  above situation,  we do not feel called upon to decide in  isolation the  question of  discrimination raised before us.  This is  a matter  which should  be left  to  be decided  by   the   Government   on   the   basis   of   the recommendations of the Fourth Pay Commission.      It was,  however,  urged  that  since  the  Fourth  Pay Commission would not be making any recommendation in respect of the period between 1973 and the date on which the new pay scales to  be fixed  on the recommendation of the Fourth Pay Commission would  come into force, the Court should consider whether the  Veterinary Assistant  Surgeons were entitled to any retrospective  benefit  in  respect  of  the  said  past period. Having  regard to the long delay in approaching this Court after  the fixation  of their pay scale earlier, we do not propose to grant any relief in respect of that period.      The petition  is, therefore,  dismissed. The petitioner is at  liberty to  make its representation before the Fourth Pay Commission  to determine the pay scale of the Veterinary Assistant Surgeons of Delhi. We are sure that the Fourth Pay Commission which  is presided over by a former Judge of this Court would consider their representation sympathetically. N.V.K.                                   Petition dismissed. 435