Court Grants Arrears from 1996, Addressing Long-standing Discrimination in Pay Scales
In a significant ruling, the Delhi High Court has ordered pay parity for Technicians and Senior Technicians working in Prasar Bharati, placing them on the same pay scale as Lighting Assistants. The judgment, delivered by Justices Anil Kshetarpal and Amit Mahajan, addresses long-standing disparities in pay scales and mandates the payment of arrears from January 1, 1996.
The court's decision comes in response to two writ petitions filed by a total of 66 petitioners who have been contesting the denial of equal pay despite previous directives to restore parity. The petitioners, working as Technicians/Senior Technicians, argued that they have been unjustly denied arrears of pay despite the recognition of their entitlement to the same pay scale as Lighting Assistants.
The historical backdrop of the case dates back to 1983 when pay parity existed between Technicians/Senior Technicians and Lighting Assistants. This parity was disrupted following a Supreme Court judgment in 1988 that enhanced the pay of Lighting Assistants without extending the same benefit to Technicians/Senior Technicians. Despite repeated representations and legal challenges, the Technicians/Senior Technicians were only granted notional pay parity from 1996, leaving a gap from 1983 to 1995.
The court noted that previous legal proceedings had inconsistently addressed the issue, with the Madras High Court granting notional pay parity without arrears, while the Delhi proceedings initially dismissed similar claims. However, following a Supreme Court directive in 2013, notional pay parity was restored for the period between 1983 and 1995, albeit without arrears.
Addressing the latest dispute over pay scales from 1996 onwards, the Delhi High Court criticized the denial of arrears as unjust. The judges emphasized that the Lighting Assistants had received arrears following the enhancement of their pay scale, and therefore, Technicians/Senior Technicians should not be deprived of similar benefits. The court referenced precedents that support restoring parity in pay scales with consequential benefits from the date when disparities occurred.
The judgment directs the Union of India to extend the benefit of the pay scale of Rs. 5000-8000 to the petitioners, effective from January 1, 1996, along with consequential benefits, including arrears of pay. The respondents have been given a three-month period to comply with the court's order.
This ruling is expected to have significant implications for service law, particularly in addressing discriminatory practices in pay scales within government organizations. It reinforces the principle of equal pay for equal work and highlights the judiciary's role in ensuring justice and fairness in employment practices.
Bottom line:-
Pay parity - Technicians and Senior Technicians in Prasar Bharati are entitled to the same pay scale as Lighting Assistants, with arrears of pay from 01.01.1996, as the denial of arrears was deemed unjust and discriminatory.
Statutory provision(s): Constitution of India, 1950 Articles 14, 16; Service Law; Pay scales; Judicial precedents.
Ashok Kumar Yadav v. Union of India, (Delhi)(DB) : Law Finder Doc id # 2933174
