STATE OF U.P. & ORS. v. J.P. CHAURASIA & ORS,

The Judgment of the Court was delivered by B

JAGANNATHA SHETTY, J. This appeal by special leave is from a judgment of the High Court of AJlahabad dated November 6, 1985 passed in Civil Misc. Writ Petition No. 4211 ofJ983. The appeal raises a question of considerable importance. The question is whether .it is permissible to have two pay scales fu the same cadre for persons having same duties and having same responsibilities. The High Court C has answered the question in the negative. It is said that it would be violative of the Constitutional right of "equal pay for equal work".

The facts are not in dispute. They will be found.correctly stated in the judgment under appeal and may briefly be stated thus: D

, Prior to 1965, in the High Court of Allahabad, Bench Secretaries were on a higher pay scale than that of Section Officers. They were in the pay scale of Rs: 160-320 as against the pay scale of Rs.120-300 to Section Officers. In 1965 the State Government appointed a Pay Rationalisation Committee with wide ranging reference. The Commit- E tee was asked to consider the duties and responsibilities of different categories of posts. It was required to consider and recommend changes to reduce the number of then existjng pay scales. It was 1also asked to recommend as far as possible equal emoluments for identical duties and responsibilities. The Committee submitted a detailed report, in which Bench Secretaries became casualties. The Committee F recommended for them a pay scale slightly lower than that of Section Officers. Rs.150-350 was recommended/for Bench Secretaries as against R.s.200-400 for Section Officers. The State Government accepted the recommendations. Subsequently, these pay scales were raised to Rs.200-450 and Rs.515-715 respectively. G Being dissatisfied with the down grading, the Bench Secretaries . made representation to the Government. They demanded that they should at least be put at par with Section Officers if not on higher scale. The High Court supported their case but half-heartedly. The High Court suggested "that in view of financial exigencies th.e Govern- ment may grant for the time being pay scale to 10 Bench Secretaries as H

292 - SUPREME COURT REPORTS [1988] Supp. 3 S.C.R.

A admissible to Section Officers." When this matter was pending consi· ueration, the Government appointed the Pay Commission (1971·72) headed by Shri Ali Zahir. On February 1, 1973, the Pay Commission submitted its report. The report did not accept the claim of Bench Secretaries for giving them pay scale equal to Sectio_n Officers or Pri· vate Secretaries. The report was in fact very much against them. The B following remarks of the Pay Commission would be pertinent: ·

"IJ>Bench Secretar.teJ (Sakna Sachlv) - - -r-

A memorandum from the Dench Secretaries given to · --· .,. us states that the post which arc at present In the scale of · · Rs.200·450 arc: of a great responsibility ·for which c experience and special qualifications arc required. They have· claimed that their dut!Cs arc equivalent to Private Secretaries of Hon'blc Judges and have demanded the same pay scale which is given to Private Secretaries and the Section Officers. The' Registrar of the High Court while D forwarding the memorandum has suggested that they should also be given the same pay scale which is siven to Superintendents I.e. · Rs.515·40·715 or to the Section Officers Le. Rs.350·750. It is not necessary to emphasise that in comparison to Bench Secretaries, the Section Of· ·ficcrs of the secretariat has to bear more responsibilities in ' their Section and have to control over it1 subordinates. Section Officers have to prepare a lengthy and original · notes in complicated and Important matters. Therefore, -·. : ·the responsibilities of the two posts canno(bc said to be · cq ual. Keeping in view the present scale of pay, the pay scale recommended by the Pay Rationalisation Committee, _, the nature of duties and rcsponsibillties and the fact that '··every Hon'ble Judge will have one Private Secretary in the ·.. scale of Rs.500· 1,000 we feel that the Bench Secretaries ·,: cannot be given the same scale of pay which rs being given to Superintendents or the · Section Officers. Since the· Bench Secretaries are promoted from Upper Division G Assistants, they should feel satisfied if they arc placed in a scale of pay a little above the Upper Division Assistants. Therefore, we have recommended for them a pay scale of · Rs.400-15-475-20-575-25-750."

·. It will be seen that the Pay Commission refused to equate Bench . • H Secretaries with Section Officers in view of their differential duties. It

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was found that the nature of work of Section Officers was quite diffe· A rent and more onerous than that of Bench Secretaries. Section Offic· ers have to bear more responsibilities in their Sections. They have to exercise control over their subordinate. They have to prepare lengthy original notes in complicated matters. The Commission, therefore; recommended Rs.400· 750 for Bench Secretaries and Rs.500· i,000 to Section Officers. B

The Bench Secretaries again moved the Government reiterating their demand. The Government ap'i)ears to have received several such representations against the report (Jf Ali Zahir Commission. To con· sider all such grievances, a Committee called the "Anomalies Commit· tee" was constituted. As the name itself suggests, the Committee was required to examine and remove anomalies in the recommendations of C tPay Commission. The Committee appears to have made some patch work. So far as Bench Secretaries are concerne.d, the Committee· ouggested:

"( 1) For this post the recommendations made by the D Pay Commission need not have any amendments.

(2) It should be appropriate for the Bench Secre- taries to accept 10 promotional posts in the pay scale of . Rs.500-.i,OOO as recommended by the Pay Commission." E The Anomalies Committee also thus rejected the claim of Bench Secretaries for placing them at par with Section Officers. It however, suggested that ten posts of Bench Secretaries should be upgraded and placed in the pay scale of Rs.500-1,000. The Government accepted that recommendation and issued an order dated July 2, l976. The order inter alia states: F

"Judicial (High Court) Section, Lucknow dated 2nd July, 1976.

Sub: Implementation of decision and proposals of Sub Committee of the Cabinet comtituted to consider the G anomalies pointed out in the pay scales recommended by the U.P. Pay Commission (1971-73) and its way of removal and other connected matters

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A Sir,

In continuation of office memorandum No.P.C. 395- x-89(M)/74 dated 18th March, 1976 of the Finance (Pay Commission) Section on the above subject, I have been directed to say that the Governor has been pleased to sanc- B tion the pay scales mentioned in Column 3 to 10 post holders under you mentioned in column 2 in the table given below w.e.f. lst October, 1975 with this condition that as a result of sanction of this scale, the number of total posts in the concerned cadre will not increase:

c SI. Name Pay No. of No. of No. of Pay ' ·l'<o.Of Scale Permanent Temporary Posts Scale Post Post Posts in higher scale D 1.. 2. 3. 4. 5. 6. 7.

1Copy pinpoint1. Bench Rs.400- i5- 48 3 lO Rs.500-25- Secre- 475-EB-20- 700-EB-40- tary 57~-EB-25- 900-EB-50- ;(; 750 lOOO

2Copy pinpoint2. The basic pay in the pay scale mentioned in aforesaid column 7 of the concerned employee will be fixed accord- ing to the guiding principles of para 4 under fundamental F rule 22 of the Financial Handbook Part II Volume 2-4 and the appointments in the pay scale of Rs.500-1000 will be made according to seniority subject to unfit.

3Copy pinpoint3. Jn this connection, I have also been directed to say that the nomenclature of posts of 10 Bench Secretaries G appearing in column 5 of the said table shall be Bench Secretaries Grade I and the nomenclature of rest Bench Secretaries of equal pay scale will be Bench Secretaries Grade II and the posts of Bench Secretaries Grade I and Grade II will be of the same duties and responsibilities.

H Sd/- (Ramesh Chandra Deo Sharma)

STATE OF U.P. v. J.P. CHAURASIA [SHETTY, J.J 295

Joint Secretary" A It was then the turn of Bench · Secretaries Grade ,II. They complained that there was no valid reason to give higher pay scale only to ten Bench Secretaries and step-motherly treatment to the rest of their colleagues. The High Court as usual supported their claim, but the Government did not. B

In order te> give effect to the said Government order the Chief Justice framed rules called the Allahabad High Court Officers and Staff (Conditions of Service and Conduct) Rules, 1976 ("The Rules"). The Rules were framed in exercise of the powers conferred by Article 2~9(:) of the Constitution and brought into force from July 13, 1976. Thereunder Bench Secretaries Grade I and Grade lI were classified as c Class II and Class III posts respectively. Rule 8(E) provides procedure for appointment of Bench Secretaries Grade IL It is by selection through competitive examination to be conducted by appointing authority. Permanent Upper Division Assistants and permanent Lower Division Assistants having not less than ten years· service are made eligible for selection. Preference shall however, be given to candidates possession a Law Degree. Rule 16 provides that the posts of Bench Secretaries Grade I shall be filled up by promotion from amongst permanent Bench Secretaries Grade II. Rule 18 .deals with method of selection for all promotional posts. It shall be made by selection committee appointed by the Chief Justice. The criterion of selection shall be merit with due regard to seniority. The entitlement to higher pay scale of Grade I Bench Secretary was therefore, not on the basis of senioritYfilone, but on the basis of selection by merit-cum- seniority ·---···

In 1979, the State Government appointed another Pay Commis- F sion. That Pay Commission also did not disturb the categorisation of Bench Secretaries into Grade l and Grade II. It however, gave mar- ginal benefits by increasing the number of posts of Grade I from 10 per cent to 30 per cent of the total cadre strength. Th!' reason given by the Pay Commission is as follows: G "Bench Secretary 26.38

Fifty two posts of Bench Secretaries are in the pay scale of Rs.400-750 and ten posts in the scale of Rs.500- 1,000. For appointment on these posts a limited competi- tive examination is held from amongst Upper Division As- ti

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sistants, Lower Division Assistants with ten years of service A preferably Law Graduates. We have received a representa- tion stating that the Bench Secretaries play a very important role in smooth running of the proceedings-of the Court. The minimum pay scales of the Bench Secretaries is comparatively higher than the pay scale of Upper Division B Assistants though they are appointed through a competi- tive examination. It is limited to only Upper Division/ Lower Division Assistants of the High Court. Keeping in view the fact that vacancies in Upper Division/Lower Divi- sion Assistants are filled up by promotion from Routine Grade Assistants, it is clear that this is a second promotion for those who come directly from Lower Division Assis- c tants and a third promotion for those who are promoted first to Upper Division Assistant and then a Bench Secre- tary. Even then we give importance to the fact that only best from Upper Division/Lower Division Assistants are preferred for the post. The work of the Bench Secretary is of a great importance. We, therefore, recommend:

"{l) 30% of the total posts of Bench Secretaries in the pay scale of Rs.770-1000; and

(2) Two posts in the scale of Rs. 1420-1900 as is admissible to Assistant Secretaries of the Secretariat."

Finally the Bench Secretaries Grade I moved the High Court on judicial side with an application under Article 226 of the Constitu- tion. They challenged the validity of bifurcation of one cadre into Grade I and Grade II. The sheet-anchor of their case was that in the same category of posts with similar duties and responsibilities there cannot be two grades with different pay scales. It would be violative of prineiples of equal pay for equal work. It was also contended that Bench Secretaries was a well recognised class that existed over the years and indeed superior to Section Officers. Rejection of their demand for equating at least with Section Officers would be ignoring that historical fact. The High Court accepted all these contentions and granted the relief prayed for.

As to the Pay Commission ::ecommendations the High Court obsen:ed:

H "Rejection of petitioner's demand for equating them

STATE OF U.P. v. J.P. CHAURAS!A [SHETTY, J.) 297

at least with Section Officers hy comparing them with A absence of administrative control exercised by Section Officer in the Secretariat was ignoring history of Bench Secretaries being a different class both before and after independence and the nature of duties performed by them." B As to the decision of the Anomalies Committee the High Court remarked:

"Curiously ·enough when Anomaly Committee redressed the wrong by granting pay scale equivalent to Section Officers, it created an artificial division by drawing c a line between first ten and others. A Bench Secretary or for that matter any officer who puts in longer years of service gets more salary than his juniors but if a senior performing the same duty as his juniors is put in different higher scale then it results in invidious classification in the same group. And that violates the concept of equality which visualises that whatever condition are guaranteed and secured by Jaw to one shall be guaranteed to owners who are of the same group or class. It only denies enact- ment of a rule or law which attempts to deal differently with persons situated similarly. The Government order by which the classification was done itself provided that duty and responsibility of Bench Secretary of Grade II be the same as of Grade I shall be seniority. No other basis or qualification or test or be it was laid down. The effect of the order was that those who were senior entered into an altogether different grade. That is senior Bench Secretary although doing the same work as his junior became entitled to higher grade. An<l that clearly violated the principle of equal pay for equal work."

. Iµ support of these conclusions the High Court relied upon two decisions of this Court: (i) Randhir Singh v. Union of India, [1982] 3 SCR 298 and (ii) P. Savita v. Union of lndia, 0985] Suppl. 1SCR101. G

With regard to rules framed by the Chief Justice for the purpose of promotion to Bench Secretary Grade I, the High Court said:

"Rules were made not because the Court agreed with the classification of Bench Secretaries in Group I and H

298. SUPREME COURT REPORTS I1988] Supp. 3 S.C.R.

Gro~p II but because of the Government order dated July A 2, 1976. The vice is not in the method of sel~ction but in creation of two different groups without any intelligible differentia. If Bench Secretaries of Group I would have been required to do any work different than Bench Sec- retaries Grade II, it could be described as promotional avenue. Promotion from one post to another is associated with advancing to a higher office, climbing one more ladder in service career. But the different grade for persons of · · same even on seniority cum merit with same work and responsibility cannot amount to promotion."

With these conclusions, the High Court quashed a part of the C notification dated July 4, 1976 which created Bench Secretaries Grade I. The High Court did not quash the Rules relating to promotion to that cadre. The High Court directed that all Bench Secretaries irrespective of their grades should be given the pay scale admissible to Bench Secretaries Grade I with effect from October 1, 1975.

The State of U .P. being aggrieved by the decision has appealed to this Court.

On the submissions made by counsel on both sides, two ques- tions arise for our consideration: E (i) Whether Bench Secretaries in the High Court of Allahabad are entitled to pay scale admissible to Section Offi- cers?; and

(ii) Whether the creation of two Grades with different pay JI: scales in the cadre of Bench Secretaries who are doing the same or similar work is violative of the right to have "equal pay for equal work"?

The first question regarding entitlement to the pay scale admissi- ble to Section Officers should not detain us longer. The answer to the .Q question depends upon several factors. It does not just depend upon either the nature of work or volume of work done by Bench Secre- taries. Primarily it requires among others, evaluation of duties and responsibilities of the respective posts. More often functions of two posts may appear to be the same or similar, but there may be dif- feren.ce in degrees in the performance. The quantity of work may be H the same, but quality may be different that cannot be determined by

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relying upon averments in affidavits of interested parties. The equa- A tion of posts or equation of pay must be left to the Executive Govern- ment. It must be determined by expert bodies like Pay Commission. They would be the best judge to evaluate the nature of duties and responsibilities of posts. If there is any such determination by a Com- mission or Committee, the court should normally accept it. The court should not try to tinker with such equivalence unless it is shown that it B was made with extraneous consideration·.

In the present case, it is true that at one time, Bench Secretaries were paid more emoluments than Section Officers. But it is not known on what basis they were paid in the higher pay scale and treated as a superior class to Section Officers. The Successive Pay Commissions - - - - . and even Pay Rationalisation Committee, however, found no support c to their superior claim. The Commissions and Committee have evaluated the respective duties and responsibilities of the two posts. It was found that the Section Officers perform onerous duties and bear greater responsibilities than Bench Secretaries. We cannot go against that opinion and indeed, we must accept that opinion. The Bench D Secretaries, therefore, cannot claim as of right the pay scale admissible to Section Officers.

The second question formulated earlier needs careful examina- tion. The question is not particular to the present case. It is pertinent to all such cases. It is a matter affecting the civil services in general. E The question is whether there could be two scales of pay in the same cadre of persons performing the same or similar work or duties. All Bench Secretaries in the High Court of Allahabad are undisputedly having same duties. But they have been bifurcated into two grades with different pay scale. The Bench Secretaries Grade I are in a higher pay scale than Bench Secretaries Grade II. The entitlement to higher pay scale depends upon selection based on merit cum seniority. Can it be said that it would be violative of the right to equality guaranteed under the Connstitution?

It was argued for the respondents that it offends the constitu- tional principle of "equal pay for equal work". Several decisions of this Court were relied upon in support of the proposition.

"Equal pay for equal work for both men and women" has been accepted as a "constitutional goal" capable of being achieved through constitutional remedies. In Randhir Singh v. Union of India & Others, [ 1982] 3 SCR 298 Chinnappa Reddy, J. said (at 304): H

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"It is true that the principle of 'equal pay for equal work' is not expressly declar~d by our Constitution to be a funda- mental right. But it certainly is a constitutional goal. Art. 39( d) of the Constitution proclaims 'equal pay for equal work for both men and women' as a Directive Principle of State Policy. 'Equal pay for equal work for both men and women' means equal pay for equal work for every- one and as beween the sexes. Directive Principles, as has been pointed out in some of the judgments of this Court have to be read into the fundamental rights as a matter of interpretation. Art. 14 of the Constitution enjoins the State not to deny any person equality befordhe law or the equal protection of the laws and Art. 16 declares that there. shall c be equality of opportunity for all citizens in matters relat- ing to employment or appointments to any office under the State. These equality clauses of the Constitution must mean something to every one. To the vast majority of the people the equality clauses of the Constitution would mean D nothing if they are unconcerned with the work they do and the pay they get. To them the equality clauses will have some substance if equal work means equal pay." The learned Judge however, observed that a differential treat- ment in appropriate cases can be justified when there are two grades based on reasonable grounds: E "It is well known that there can be and there are different grades in a service, with varying qualification for entry into a particular grade, the higher grade often being a promotional avenue for officers of the lower grade. The higher qualifications for the higher grade, which may be F either academic qualifications or experience based on length of service reasonably sustain the classification of the officers into two grades with different scales of pay. The principle of equal pay for equal work would be an abstract doctrine not attracting Art. 14 if sought to be applied to them.'' G In Randhir Singh, the petitioner was a driver-constable in the Delhi Police Force ur1der the Delhi Administration. It was found that the petitioner and the other drivers in the Delhi Police Force per- formed the same functions and duties as other drivers in the service of the Delhi Administration and the Central Government. Indeed, by reason of their investiture with the 'powers, functions and privileges of

STATE OF U.P. v. J.P. CHAURASIA {SHETTY, J.] 301

a police officer', their duties and responsibilities were found to be more arduous. It was also admitted by the Delhi Administration in that case that the duties of driver constable of the Delhi Police Force were onerous. Therefore, learned Judge said that there was no reason for giving them lower scale of pay than other drivers. It was direc!ed that the driver constables of Delhi Police Force should .be given the scale of pay at least on par with that of drivers of the Railway Protec- B tion Force. The principle enunciated in Randhir Singh was followed in Ramachandra v. Union of India, (1984] 2 SCC 141 and P. Savita v. Union of India, (1985] Supp. 1 SCR 101. In the former, the arbitrary differential treatment in the pay scale accorded to some professors was struck down. The petitioners therein were holding the posts of Pro- fessors in the Indian Veterinary Re~earch Institute under the Indian Council of Medical Research. The pay scale of professors underwent c revision. The new recruits got the benefit of revision of scales, but not the petitioner. He was allowed to continue in the old scale. He cha!-, lenged that discrimination in this Court as being violative of the right to have equal pay for equal work. This Court accepted the contention and observed (page 163): · D

"The case in hand is a glaring example of discriminat- tory treatment accorded to old, experienced and highly qualified hands with an evil eye and unequal hand and the guarantee of equality in all its pervasive character must enable this Court to remove discrimination and to restore fair play in action. No attempt was made to sustain the scales of pay for the post of Professor on the doctrine of classification because the classification of existing incum- bents as being distinct and separate from newly recruited hand with flimsy change in essential qualification would be wholly irrational and arbitrary. The case of the petitioners for being put in the revised scale of Rs. 1100" 1600 from the date on which newly created posts of Professors in sister disciplines in IVRI and other institutes were created and filled-up in revised scale is unanswerable and must be conceded." G In P. Savitd v. Union of Indio., the artificial division of senior draftsmen in the Ministry of Defence Production with unequal scales of pay for the same work was struck down.

In Dhirendra Chamo!i and Anr. v. State of U.P., (1986] 1 SCC 637, this Court found fault with the Central Government for not giving H

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A the casual workers engaged in Nehru Yuvak Kendra the same salary and conditions of service as enjoyed by class IV employees regularly appointed against sanctioned posts. It was observed (at 628):

"It must be remembered that in this country where there is so much unemployment, the choice for the majo- B rity of people is to starve or to take employment on what- ever exploitative terms are offered by the employer. The fact that these employees accepted employment with full knowledge that they will be paid only daily wages and they will not get the same salary and conditions of service as other class IV employees, cannot provide an escape to the c Central Government to avoid the mandate of equality enshrined in Art. 14 of the Constitution. This article declares that there shall be equality before law and equal protection of the law and implicit in it is the further princi- ple that there must be equal pay for work of equal value. These employees ·who are in the service of the different D Nehru Yuvak Kendras in the country and who are admit- tedly performing the same duties as Class IV employees, must therefore get the same salary and conditions of service as Class IV employees. It makes no difference whether they are appointed in sanctioned posts or not. So long as they are performing the same duties, they must E receive the same salary and conditions of service as class IV employees."

In- Surinder Singh v. Engineer-in-Chief, CPWD, [1986] 1 SCC 639, the case of poor daily wage workers employed for several years by the Central Public Works Department (CPWD) came up for consi- F deration before this Court. They demanded parity in their wages, salary and allowances with those of regular and permanent employees of the Department on the basis of performing similar work. This Court while granting relief to the workmen observed (at 642):

'"The Central Government, the State Government G and likewise, all public sector undertakings are expected to function like model and enlightened employers and argu- ments such as those which were advanced before us that the principle of equal pay for equal work is an abstract doctrine which cannot be enforced in a court of law should ill come from the mouths of the State and State Undertakings." H

STATE OF U.P. v. J.P. CHAURASIA [SHE1TY, J.] 303

The right to have equal pay for equal work was also accepted.by ·A this Court in R.D. Gupta and Others v. Lt. Governor of Delhi, [1987] 4 SCC 505; Bhagwan Dass and Others v. State of Haryana, [1987] 4 SCC 634; National Museum Non-Gazetted Employees Association and Anr. v. UOI, WP No. 1230 of 1987 disposed of dt. 10.2.1988; Jaipal and Ors. v. State of Haryana, WP No. 455 and connected petitions of 1987 of DD 2.6. 1988 and Y.K. Mehta v. UOI, WP No. 1239 of 1979 and B connected petitions DD 26.8. 1988.

Article 39(d) of the Constitution proclaims "equal pay for equal work''. This article and other like provisions in the Directive Principles are "conscience of our Constitution." They are rooted in social justice. They were intended to bring about a socio-economic transformation in our society. As observed by Hegde and Mukherjee, JJ. in Kesha- c vananda Bharati v. State of Kera/a, [1973] 4 SCC 225 at para 712: "The Constitution seeks to fulfil the basic needs of the common man and to change the structure of society." In the words of Sbelat and Grover, JJ (at para 596): "The dominent objective in view was to ameliorate and improve the lot of the common man and to bring about a socio- economic justice." In matters of employment the Government of a socialist State must protect the weaker .:;,,ections. It must be ensured that there is no exploitation of poor and ignorant. It is the duty of the State to see that the under-privileged or weaker sections get their dues. Even if they have voluntarily accepted the employment on unequal terms, the State should not deny their basic rights of equal E treatment. It is against this background that tlie principle of "equal pay for equal work" has to be construed in the first place. Second, this principle has no mechanical application in every case of similar work. It has to be read into Art. i4, of the Constitution. Art. 14 permits reasonable classification founded on different basis. It is now well established that the classification can be based on some qualities or characteristics of persons grouped together and not in others who are left out. Those qualities or charcteristics must; of course, have a reasonable relation to the object sought to be achieved. In service matters, merit or experience could be the proper basis for classifica- tion to promote efficiency in administration. He or she learns also by experience as much as by other means. It cannot be denied that the G quality of work performed by persons of longer experience is superior than the work of newcomers. Even in Randhir Singh's case, this princi- ple has been recognised. 0. Chinnappa Reddy, J. observed that the classification of officers into two grades with different scales of pay based either on academic qualification or experience on length of service is sustainable. _Apart from that, higher pay scale to avoid stag-

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A nation or resultant frustration for lack of promotional avenues is very common in career service. There is selection grade for District Judges. There is senior tiine scale in Indian Administrative Service. There is super time scale in other like services. The entitlement to these higher pay scales depends upon seniority-cum-merit or merit-cum-seniority. The differentiation so made in the same cadre will not amount to B discrimination. The classification based on experience is a reasonable classification. It has a rz.tional nexus with the object thereof. To hold otherwise, it would be detrimental to the interest oflhe service itself .

. In All India Customs and Central Excise Stenographers (Reco- gnised) and Others v. Union of India and Others, [1988] 2 Judgments C Today SC p. 519, Sabyasachi Mukherjee, J. said:

"There may be qualitative difference as regards relia- bility and responsibility. Functions may be the same but the responsibilities make a difference. One cannot deny that often the difference is a matter of degree and that there is an element of value judgment by those who are charged with the administration in fixing the scales of pay and other conditions of service. So long as such value judgment is made bona fide, reasonably on an intelligible criteria which has a rational nexus with the object of differentiation, such differentiation will not amount to discrimination. It is E important to emphasise that equal pay for equal work is a concomitant of Article 14 of the Constitution. But it fol- lows naturally that equal pay for unequal work will be a negation of that right."

And said: F "The same amount of physical work may entail diffe- rent quality of work, some more sensitive, some requiring more tact, some less-it varies from nature and culture of employment. The problem about equal pay cannot always be translated into a mathematical formula. If it has a rational nexus with the object to be sought for, as rei- terated before a certain amount of.value judgment of the administrative authorities who are charged with fixing the pay scales has to be left with them and it cannot be interfer- ed with by the Court unless it is demonstrated that either it is !frational or oased on no basis or arrived ma/a fide either _H in law or in fact."

fl ;;r

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In the present case, all Bench Secretaries may do the same work, A but their quality of work may differ. Under the rules framed by the Chief Justice of the High Court, Bench Secretaries Grade I are selected by a Selection Committee. The selection is based on merit with due regard to seniority. They are selected among the lot of Bench Secretaries Grade II. When Bench Secretaries Grade II acquire experience and also display more merit, they are appointed as Bench B Secretaries Grade I. The rules thus make a proper classification for the purpose of entitlement to higher pay scale. The High Court bas completely overlooked the criterion provided under the Rules. The merit governs the _grant of higher pay scale and that merit will be evaluated by a competent authority. The classification made uJ><ier the Rules, therefore, cannot be said to be violative of the right to have c equal pay for equal work. ·

After the argument was concluded in this appeal, counsel on both sides brought to our attention that the State Government has granted uniform pay scale of Rs.1600-2950 to both the grades of Bench Secretaries with effect from January 1, 1986. We may make it clear D that this decision of ours shall riot affect the Bench Secretaries to get · that pay scale accordingly with effect from January 1, 1986.

In the result, we allow the appeal and set aside the judgment of the High Court. E S.L. Appeal allowed.