Employees of Gujarat Water Supply & Sewerage Board can’t claim parity of pay scale with that of Government employees, as matter of right: SC

Read Judgment: Rajesh Pravinchandra Rajyaguru & Others vs. Gujarat Water Supply & Sewerage Board and Others

Pankaj Bajpai

New Delhi, December 21, 2021: While quoting the decision in the case of State of West Bengal & Others vs. Debasish Mukherjee & Others , the Supreme Court has recently observed that the daily rated employees of the Gujarat Water Supply & Sewerage Board (Respondent) cannot claim as a matter of right the benefits flowing from the Government Resolutions dated May 1, 1991 and February 15, 1992 and as such they are not entitled to the benefits flowing from the said Resolutions of 1991 & 1992 automatically. 

A Division Bench of Justice M.R. Shah and Justice Dr. D.Y. Chandrachud opined that Article 14 of the Constitution embodies the concept of positive equality alone and not negative equality, and hence, it cannot be relied upon to perpetuate illegality and irregularity. 

Going by the background of the case, the State of Gujarat passed a resolution dated October 17, 1988 wherein the Government decided to grant certain benefits to skilled daily wagers. Accordingly, the Respondent – Board adopted the Resolution and granted the benefits flowing from the Government Resolution. Later, the daily rated employees are granted the benefits flowing from the parent Resolution. However, subsequently the Government issued Resolutions dated May 1, 1991 and February  15, 1992 by which certain modifications were carried out in the parent Resolution and it was provided that such daily wagers who are SSC passed and have completed 7 years, the Department would assign administrative work of clerical cadre Class III and they shall be paid pay scale of Rs.950- 1500 from the date of assignment of duty. 

The daily rated employees are claiming the benefit flowing from the subsequent Government Resolutions mainly on the ground that other similar daily rated employees have been granted the benefit under the Government Resolutions of 1991 and 1992 and therefore not extending such benefits to other daily rated employees, which is discriminatory and violative of Article 14 of the Constitution of India. 

After considering the submissions, the Top Court noted that a conscious decision has been taken by the Respondent – Board not to adopt the Government Resolutions dated May 1, 1991 and February 15, 1992. 

Even the State Government has refused to extend the benefits under the Government Resolutions of 1991 and 1992, and the Board has taken a conscious decision considering the additional financial burden on the Board if the benefits under the Government Resolutions of 1991 and 1992 are allowed, added the Court. 

Speaking for the Bench, Justice Shah clarified that the State Government and the autonomous Board/bodies cannot be put at par, and therefore, the Board has to depend upon their own financial resources. 

“As per the settled proposition of law equation of posts and salary is a complex matter which should be left to the expert body and undertakings and the court cannot interfere lightly. Granting of pay parity by the court may result in a cascading effect having adverse consequences. There are limitations or qualifications to the applicability of the doctrine of ‘equal pay for equal work’, observed Justice Shah. 

Considering the fact that the mistake committed by other zonal offices have been corrected and the benefits mistakenly and/or inadvertently have been withdrawn and even the recovery sought, the Apex Court said that Single Judge of the High Court committed grave error in holding that the action of the Respondent – Board in not granting benefit flowing from the Government Resolution of 1991 and 1992 is discriminately and violative of Article 14 of the Constitution of India, which is rightly corrected by the Division Bench of the High Court. 

While stating that the employees of the Government departments and the employees of the Board as such stand on different footings, the Apex Court observed that the employees of the Board cannot claim the parity of pay scales with that of the Government employees.