2/4/2020 Money lesson: Why all employees can't claim equal salary for similar work?

al salary for similar work? - The Financial Express

Money lesson: Why all employees can’t claim equal

salary for similar work?
By: Rajeev Kumar
Published: October 10, 2019 2:45:24 PM

Equal Pay for Equal Work in India Latest News: Employees often complain of being paid less than
those doing similar work in their office, or workplace. Such complaints are heard both in private
and government offices.

Equal Pay for Equal Work in India Latest News. Representational image/Pixabay

Equal Pay for Equal Work in India Latest News: Employees often complain of being paid less
than those doing similar work in their office, or workplace. Such complaints are heard both in
private and government offices. What such complainants, however, miss is that salaries, or pay

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2/4/2020 Money lesson: Why all employees can't claim equal salary for similar work? - The Financial Express

scales, are based on several parameters including experience, professional training, educational
qualifications etc. Similar nature of work cannot be made a reason for demanding equal pay. This
is what a recent Supreme Court judgement conveys.

The case

The judgement pertains to an old case involving Directorate of Elementary Education, Odisha
against one Pramod Kumar Sahoo.

Pramod was appointed as a primary school teacher under the

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sets the rule, disqualified payable to Untrained Teachers having Matric Qualification. For Trained
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from contesting
future elections
Salary Revision

Odisha revives pay scales in 1990. The Orissa Revised Scales of Pay (Amendment) Rules, 1990
provided for a separate scale of pay for all posts of Trained Matric Teachers and non-Trained
Matric teachers. Through a corrigendum issued in 1992, the pay scale for Untrained Intermediate
Teacher was announced to be revised from Rs 840-1240 to Rs 975-1660. The pay scale for
Trained Matric Teacher was revised from Rs 840-Rs 1240 to Rs 1080-1800.

Higher pay claim

Pramod approached the Odisha Administrative Tribunal, claiming he was entitled to pay scale of
Rs 840-1240 from the very first day of appointment and Rs 1080-Rs1800 after revision. The
Tribunal decided in favour of Pramod on February 19, 2010 after the counsel of the appellant
(Directorate of Elementary Education, Odisha) conceded that teachers with intermediate
qualification were entitled to the pay scale available for Trained Matric Teachers.

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2/4/2020 Money lesson: Why all employees can't claim equal salary for similar work? - The Financial Express

Two years later, the department appealed against the Tribunal decision, claiming its Counsel had
made wrong submission. But it was rejected. In later years, the department’s review petition in the
Tribunal and Write petition in the High Court were also dismissed.

Justice in Supreme Court

The department finally approached the Supreme Court, which held that both the Tribunal and High
Court had committed the “same error” of not appreciating the distinction between Trained Matric
teacher and Untrained Matric Teacher.

What SC said

The apex court in its judgement dated September 26, 2019 said, “The Trained Matric Teacher is
the one who has been trained for the purposes of teaching. In the absence of such training, the
respondent cannot be said to be a Trained Matric Teacher entitled to the pay scale meant for such
teachers. ”

“The classification based upon educational qualification for grant of higher pay scale to a trained
person or a person possessing higher qualification is a valid classification,” it added.

The top court cited Shyam Babu Verma & Ors. v. Union of India & Ors wherein it had held that “…
The nature of work may be more or less the same but scale of pay may vary based on academic
qualification or experience which justifies classification. The principle of ‘equal pay for equal work’
should not be applied in a mechanical or casual manner. Classification made by a body of experts
after full study and analysis of the work should not be disturbed except for strong reasons which
indicate the classification made to be unreasonable. Inequality of the men in different groups
excludes applicability of the principle of ‘equal pay for equal work’ to them…”

The Supreme Court has held that decisions of the Tribunal and the High Court were not
“sustainable in law”.

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Odisha Supreme Court

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