Equal Pay for Equal Work -- Direct Recruits Versus Promoted Teachers -- Difference in experience valid basis for difference in pay scales
(i) Constitution of India, Arts.14, 39(d) -- Equal Pay for Equal Work -- Doctrine Not Mechanically Applicable to Functional Similarity Alone -- The doctrine of equal pay for equal work cannot be mechanically applied merely because two categories of employees perform functionally similar duties. A claimant must establish complete parity in source of recruitment, educational qualifications, experience, mode of appointment, and nature of responsibilities and accountability before the doctrine can be invoked; mere functional similarity of work is not sufficient. (ii) Constitution of India, Arts.14, 39(d) -- Equal Pay for Equal Work -- Difference in Experience as Valid Differentia -- A difference in experience between directly recruited employees and employees appointed by transfer or promotion within the same cadre constitutes a valid and intelligible differentia having a nexus with the object sought to be achieved, and justifies grant of a higher pay scale to the more experienced promoted employees.
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