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It has been observed by the Apex court that “Unless there is comprehensive identity between two posts, the posts should not be treated as equivalent to claim parity of pay scale”.
The HC had held that there ought to be parity in the appeal filed by the Punjab State Electricity Board (PSEB) where the issue was about parity in the pay scales of two posts Head Clerks and the Internal Auditors in Group XII of the board.
In Punjab State Power Corporation vs. Rajesh Kumar Jindal one of the main disputes elevated was that “the pay scale between the Head Clerks and the Internal Auditors was upholded by the board for more than two decades and while so, troubling the parity is arbitrary and unlawful”.
The two bench judges comprising of Justice R Banumathi and Justice Indira Banerjee observed that “If such an argument is to be accepted, then such parity of pay scale have to be spread to all other posts, which would have huge financial implication on the finance of the board which is a service-oriented institution owing to the consumers.”
Further the bench observed that” The Court has to keep in mind that a mere difference in service conditions, does not amount to discrimination. Unless there is whole identity between the two posts, they should not be treated as equivalent to claim parity of pay scale.”
The burden of proof in creating parity in pay scales and the nature of duties and responsibilities is on the person requesting such right and that the person requesting parity must produce material before the court to prove that the nature of duties and functions are similar and that they are entitled to parity of pay scales.
When the Internal Auditors are appointed 55% by direct recruitment and 45% by promotion from Circle Assistant/Assistant Revenue Accountant. The HC did not hold in view that the duties, nature of work and promotion channel of Head Clerks and Internal Auditors are entirely diverse and that choice to seek promotion apparently as Internal Auditors was the conscious exercise of option the court added, while consenting the appeal.Tagged: Supreme Court Parity High Court Justice Indira Banerjee Justice R Banumathi Punjab State Electricity Board Punjab State Power Corporation vs. Rajesh Kumar Jindal Head Clerk Internal Auditors Group XII