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Article Published in the Express Magazine Dated
August 12,
2001
General Attorney : Rajiv K. Luthra
I am a diploma holder and a government servant
employed with the public works department. Is it
possible to know whether the government is
justified in maintaining differential pay scales
to different cadres of service personnel?
Praveen K Jaiswal, Faridabad
Two classes of employees, though performing
similar duties can be paid separate remuneration's
inter-alia, based on educational qualifications of
the employees. Differential pay scales to
different cadres of service personnel, applying
the principle of equal pay for equal work does not
necessarily violate Articles 14 and 16 of the
Constitution of India. The question of parity in
employment following the principles of equal pay
for equal work is inapplicable when
differentiation in pay is based on permissible
classification such as educational qualification
of the employee. However, the classification must
be founded on intelligible basis, which
distinguishes persons or things that are grouped
together, and that differentia must have a nexus
with the object to be achieved by the
differentiation. In other words, there has to be a
causal connection between the basis of
classification and the object of classification.
Equal pay for equal work does not mean that all
the members of a cadre must receive the same pay
packet, irrespective of their responsibilities,
seniority, experience, educational qualifications
and other allied matters.
If the above conditions are satisfied the
government may be well within its rights to
differentiate between two such classes of
employees, and the judiciary also upholds such
differentiation if the same is based on principles
enumerated above. However, if two classes of
employees perform identical or similar duties and
carry out the same functions, with identical
measure of responsibility, and posess the same
academic qualifications and seniority they would
be entitled to equal pay.
I was forced to tender my resignation by the
organisation where I was employed. I have
communicated the alleged bungling (which I also
have made public) to the management. Now, I fear
the company might take action against me. What
kind of action can the Company take? Do I have an
option to challenge my forcible resignation?
Saurabh Verma, Thane
If the Company has adequate evidence of the
letters having been written by you, they can sue
you for damages on grounds of causing loss and
damage to their reputation. Defamation is also a
criminal offence punishable under section 500 of
Indian Penal Code,1860. The punishment stipulated
in the section is simple imprisonment for a term,
which may extend to two years or a fine, or with
both. Thus, the Company can also file a criminal
complaint against you. In order to establish an
offence of defamation, the Company, upon leading
preliminary evidence must satisfy the Court that
prime facie, the offence is made out. Once summons
are issued to you, you will have to appear before
the Court to get bail and thereafter appear before
the Court on each date of hearing, unless exempted
from personal appearance by the Court. The Company
can also file a suit for seeking a decree of
permanent injunction, restraining you from writing
any such defamatory letters to them or any person
or publish or circulate the same. The Company can
exercise their discretion in deciding the action
against you and can combine the remedies available
to them. Moreover, the above mentioned proceedings
are not mutually exclusive and the Company can
take either one or all of the aforesaid steps as
per its discretion. The options available to you
to challenge your termination would be to
establish that you were forced to tender your
resignation, and the same amounts to retrenchment.
You will have to establish that your termination
was a forced and wrongful termination and was not
in compliance with legal procedure and formalities
required by law.
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