C. Rukmangathan and Others vs Tamil Nadu Electricity Board

K. Chandru, J.—This writ petition is filed seeking to call for the records of the respondent relating to Per. B.P. (FB) No.58 (Administrative Branch) dated 24.11.1993 and quash the same insofar as having fixed the scale of pay in respect of superintendent - cum - Stenos in Board Office Administrative Branch/Technical Branch differently from that of the Private Secretaries in Board Office Secretariat Branch of the Respondent Board and direct the respondent to forthwith refix the scale of pay and designation of the petitioners on par with that of Private Secretaries working in the Board Office Secretariat Branch with retrospective effect and pay the same without further delay.

According to the petitioner, the Board is maintaining two different scales of pay in respect of Superintendent - cum - Steno working in the Board Office Administrative Branch/Technical Branch with that of Private Secretaries working in the Board Office Secretariat Branch. Therefore, they sought for a direction to refix the scale of pay and designation on par with the Private Secretaries working in the Board Office Secretariat Branch with retrospective effect.

I have heard Mr. Kandavadivel Doraisamy, learned Counsel appearing for the petitioner and Mr. Vaidyanathan, learned Counsel appearing for the respondent and have perused the records.

It is seen that right from the year 1992, the Board has been fixing different scales of pay for the Private Secretaries working in the Secretariat Branch and other similarly placed working in the other office. This has been continued right from 1992 till now. Subsequent to the two different classification, more than two wage settlements have come, which have been given effect to in the name of Court proceedings and even after filing of the writ petition, there has been further wage negotiations and none of the Unions have raised any such issue of parity.

The only point urged on behalf of the petitioner is that there should be equal pay for equal work and, therefore, the action of the Board is violative of Article 14 read with Article 39(d) of the Constitution of India. Apart from that, after allowing the difference to continue for merely two decades, now they cannot come forward seeking for any pay parity solely on the basis that the work performed by them are similar in nature.

The Supreme Court vide its decision reported in Federation of All India Customs and Central Excise Stenographers (Recognised) and others Vs. Union of India and others, held that even Secretaries working in the Ministry and the other Department coming under Directorates are entitled to draw different salaries even though the work performed by them may be same. The Supreme Court, after reviewing all the cases, in paragraph 11 of the judgment, held as follows:

Para 11 : In this case the differentiation has been sought to be justified in view of the nature and the types of the work done, that is, on intelligible basis. The same amount of physical work may entail different qualify 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 sought for, as reiterated before a certain amount of value judgment of the administrative authorities who are charged with fixing the pay scale has to be left with them and it cannot be interfered with by the Court unless it is demonstrated that either it is irrational or based on no basis or arrived mala fide either in law or in fact. In the light of the averments made in the facts mentioned before, it is not possible to say that the differentiation is based on no rational nexus with the object sought for to be achieved. In that view of the matter this application must fail and it is accordingly dismissed without any order as to costs.

In the light of the same, there is no merits in the prayer made by the petitioner. Hence, the writ petition shall stand dismissed. No costs.