Court dismisses appeal, affirms enhanced remuneration as per Government Order No. 34-JK(DSD) of 2020 for all academic arrangement employees.
In a landmark decision, the Jammu and Kashmir High Court at Srinagar has upheld the principle of "equal pay for equal work" for Vocational Instructors engaged under the Self Finance Scheme. The judgment came as the court dismissed an appeal by the Union Territory of Jammu & Kashmir against a writ court's order, which had granted enhanced remuneration to instructors based on Government Order No. 34-JK(DSD) of 2020.
The dispute arose when Vocational Instructors, engaged on an academic arrangement basis in Industrial Training Institutes (ITIs) of Jammu & Kashmir, were denied enhanced remuneration as per the 2020 Government Order. The authorities argued that the order applied only to those engaged against gazetted or non-gazetted vacant posts, excluding those under the Self Finance Scheme.
The court found that the government order did not make any such distinction and that the denial of benefits based solely on the source of payment was unjustified. The bench, comprising Judges Mr. Sanjeev Kumar and Mr. Sanjay Parihar, emphasized that the duties performed by instructors under both schemes were similar, thus invoking the doctrine of equal pay for equal work.
The court stated, "The source of payment of remuneration or honorarium cannot change the position so long as the nature of duties to be performed by both sets of employees remains the same." It dismissed the appeal, affirming the writ court's decision to extend enhanced remuneration to all eligible instructors.
This judgment reinforces the commitment to equitable treatment of employees in similar roles, irrespective of the financial arrangement under which they are employed.
Bottom Line:
Employees engaged on academic arrangement basis under the Self Finance Scheme cannot be denied the benefit of enhanced remuneration as envisaged in Government Order No. 34-JK(DSD) of 2020, merely on the ground that they are not engaged against gazetted or non-gazetted vacant posts. The principle of "equal pay for equal work" is applicable.
Statutory provision(s): Government Order No. 34-JK(DSD) of 2020.
