Holding

The fixation of pay scales for Veterinary Assistant Surgeons is to be decided by the Government on the basis of the Fourth Pay Commission's recommendations, and no retrospective relief is available; the petition is dismissed.

Summary

The Delhi Veterinary Association filed a writ petition under Article 32 alleging that Veterinary Assistant Surgeons employed by the Delhi Administration were paid lower salaries than their counterparts in Chandigarh, the Indo‑Tibetan Border Police and the Border Security Force, thereby violating the constitutional principle of equal pay for equal work (Art. 39(d)) and the fundamental rights under Articles 14, 15 and 16. The Union of India and the Development Commissioner contended that the pay scales were fixed in accordance with the recommendations of the Fourth Pay Commission and that any revision should be left to that Commission. The Supreme Court observed that the determination of pay scales involves multiple factors—skill, responsibility, financial burden on the public, etc.—and is a policy matter best decided by the Government and the Pay Commission. Given the long delay in approaching the Court, it declined to grant any retrospective relief for the period 1973‑1984. The petitioners were directed to make representations before the Fourth Pay Commission, and the writ petition was dismissed.

Issues considered

Whether the disparity in pay scales of Veterinary Assistant Surgeons in Delhi violates the principle of equal pay for equal work under Article 39(d) and the equality provisions of Articles 14, 15 and 16 of the Constitution.
Whether the Court can grant retrospective relief for the period between 1973 and 1984 concerning the pay scale fixation.
Whether the fixation of pay scales is a justiciable issue or a matter to be decided by the Government based on the Fourth Pay Commission's recommendations.

Legislation cited

Constitution of Indias. Art. 14, s. Art. 15, s. Art. 16, s. Art. 39(d)

Subjects

equal pay for equal workArticle 39(d)fundamental rightspay commissiongovernment employeesVeterinary Assistant SurgeonsDelhi Administrationdiscriminationpolicy determination

Judgment

429

•
DELHI VETERINARY ASSOCIATION A

.., v•
UNION or INDIA & ORS.

April I 2, 1984
B
[E.S. VENKATARAM!AH AND D.P. MADON, JJ.]

• Constitution of India 1950-Artic/e 39 (d) 'Equal pay for equal work'
-Principle--Applicability of-Factors to be taken into conslderatlon while
fixing pay scales. ·
c
Veterinary Assistant Surgeoas emp/Oyed In Delhi Administration,
,-1 UnlOn Territory Of Chandigarh and' Central Government-Disparity ,in pay
scales-"-Whether IJeterinarY asiistant 5Urgeons in Delhi Administration enti-
tled to equal scales of pay.
D
. The Petitioner in a writ petition sought relief in respect of Veteri- .
nary Assistant Surgeons working in the Delhi ·.Administration, alleging
. that the Veterinary Assistant Surgeons have been denied the benefit
of the principle of 'equal pay for e'qual work' ioCorporated i-n Article
39 {d) of the Constitution and that there has b<:een violation·of the furida·
rriental :ights guaranteed under Arti~Jes 14 and 16, because their scale
of salary (Rs. SS0-990) was lower than the pay scalo of Veterinary E
Assistant Surgeons employed· by the Union Territory of Chandigarh
. (850-1700), or by the Central Government in the Indo·Tibetan Boarder
l;'olice and by the Border Security Force (Rs. 6S0-!200).

The Writ petition was oPposed by the Union of India denying many
of the alleg~tions in the pe.tition, while the Development Commissioner,
while. the o"ethi Administration contested the writ petitiOn by justifying - F
the impugned pay scale and also by pleading that the matter should be
). allo.wed tO be examined by the Fourth Pay Comnlission.
LJ;

Dismissing 'the writ petition.,

HELD : !. The question, of the fixation of pay scale for Veteri· G
nary Assistant Surgeons should be Jeft to be decided by· the Government
on the basis of the recommendation of the Fourth Pay Commission.
The question of di~rimiiiation canno~ be decided in isolation. Having
regard to the long delay in approaching this Court after the fixation of
the pay scale, no relief can'be granted in respect of the periC>d between
1973 and 1984. The pe(itioner is at liberty to make its representation
before the Fourth Pay Commission.. [ 434 H·E)
SUPREME COURT REPORTS [1984) 3 s.c.ll..

\ 2. In a:ddition to the principle . of i equal pay for equal. work',
the pay structure of tl,1e employees of. the Government' should rCflect •
many other social values. Apart frdm being the· Qomin~nt empl_oyer,
the Government is also eXpccted to be a 'model employer. ·It has, there·
fore, to follow certain, basic pr,inciples in fixing 1he pay scales of various
posts <ind C3.dres. The degree of skill; strain of work, experience in·
volved, train'fng required, reSponsibility, u·adertakeo, mental and physical
B requirement' disa:gree·Bblooess of the t.ask,- hazard attendant on work and
faHgue involved ate some of the factors ,which should be taken into ·
consideration in fixing pay scales. The met bod of recruitmentJ ihe level·
at· which the initial recrpitment is made in the' hierar"cby of service Or
cadre~ minimum educational and 'technical qualification prescfibed for -
the post, the nature of 'dealings with the p'Jblic_, avenues of pfomoti.on
available arid horizontal and vertical relativity with other jobs in .the
c same service or outside are also relevant.factors. [432fi-H; 433A]

3. Wil.e fixing the pay scales, the paying capacity or:the Govern- _,.
ment, the total financial btirden which has to be .borne by .the general
public, the disPa·rity between the incomes of the Government employees
·and the incomes of those who are not in government service and tho ne·t
amount available for government·at the current tax1tion level, after pay-
D ing the salaries and allowances to the-GOvernment servants have also to
be borne in mind. [4338-0]

4. It is imperative that thefe should b~ an evolution and impJe ..
menta_tiOo of a scieatific national Policy of incomes; wages and pr\ces
which would be ap\)Iicable ·not merely to Government services but als9
to the· other sectors of the national eco1101ny. As Llf.as -possible tbe-
E needs of a family-unit have to be borne ill mind in fixing the wage scales.
The 'needs' are not static.' They include adequate nutrition, mediCal
facilities, clothing, housing, education, ·cultural, activities etc. Care•
should also bo taken to seQ that ·what is fixed today as an adequate pay
scale does not be-Come inadequate withi 1 a.short period by providing
an· automatic mechanism for· the modification of the pay scale.
· (433B-G)
F
ORIGINAL JURISDICTION i Writ Petition No. 9080 of 1983
I
(Under article 32 of the Constitution of Illdia)

K.K..Singhvi, A .K. Gupta and Bri} ·Bhushan for the petitioner.
K. (J_. Bhagat, Addi. Sol; General, Harbans [Al and R. N. PoddGr
G
for the Respondents.

The Judgment of the Court was delivered by

VBNKATARAMIAll, J. The Delhi Veterinary AssociatJon is the
H petitioneF in the above case. It is an association of veterinary
doctors who are residing in the Uuion Territory · of Delhi. By ~
this petition ilnde.r Article 32 of the Constitution, the petitioner
•

0

DELHI VETERINARY ASSN. v. UNION (Venkataramiah, J.) 4ll
•
is seeking relief in respect of Veterinary Assistant Surgeons work- A
i~g in the office of the Development Commissioner, Delhi
Administration, Delhi; who are its members. It is alleged that
these Veterinary Assistant Surgeons have- been denied ti1e benefit
of the principle of 'equal pay for equal work' incorporated in
Artide 39 (d) of the. Constirution and that there bas been viola-
tion of their fundamental rights guaranteed under Article 14 and
Article 15 of the Constitution because their scale of salary is lower
than the pay scale of Veterinary Assistant Surgeons employed by
. tlie Union Territory of Chandigarh or by the Central Government
in the Indo-Tibetan Border Police (I.TB.P.) and in the Border
Security Force (B.S.F) It is .also alleged that the Veterinary
Assistant Surgeoqs are persons who have obtained Bachelor's c
Degree in Veterinary Science and Animal Husbandry (B.V.Sc.
& A.H.) from colleges· of veterinary medicine and the minimum
qualifications for entering the said course are more or less the
same as those prescribed for M.B.B.S. or B.D.S. Examinations.
They would be taught in the colleges of veterinary medicine
inter alia subjects like Biochtmistry, Pharmacology & Toxicology; D
Bacteriology, Pathology, Hygiene,. Parasitology, Surgery, Radio-
logy, Clinical & Preventive medicine, Obstetrics, Gynaecology and
additionally Animal Husbandry. Some of them, it is stated, have
also undergone some special courses after thefr degree. Having
regard fo the period of study in the college and the subjects taught
the)' claim that they are almost equal to those who have obtained E
M.B.B.S.-and B.D.S. degrees.
It is alleged· that whereas the Veterinary Assistant Surgeons
in tho Union Territory of Chandigarh were .paid salary in the pay
scale of Rs. 850-1700 on the basis of.the pay scale prevailing in
the adjoining State of Punjab and the Veterinary Assistant F
Surgeons in the Union Territories of Arunacbal Pradesh and
Mizoram were paid in the pay scale of Rs. 550-900, the Veteri-
·;nary ··Assistant Surgeons of the Union· Territo'ry of Delhi were
given pay in the pay scale of Rs. 425-750· from January l, 1973
and on a represerttation being made by tJiem, their pay scale was
G
modified to Rs. 550-900 with effect from 'November 2, 1977 as
was being paid in the Union Territories of Arunachal Pradesh
and Mizoram with effect from January 1, 1973 even though the·
Ministry of Agriculture had recoml\lendcd that their pay scale
should be revised to Rs. 650-1200. The petitioner .contends that
· even now the disparity between their pay scale and the pay scale H
9f ~Jie Veterinary Assistant Suri~eons of the Union 1errito1?' of
432 SUPREM!l COURT REPORTS [1984.J 3 S.C;R,
A Chanigarli and of I.T.B.P. and B.S'.F. which is fixed at Rs. 650-
1200 persists. On the basis of the abo_ve aliegation.s the petitioner
prays that a direction should be issued to the respondents to
treat the Veterinary Assistant Surgeb_ns or'the Delhi Administra-
tion at par with the Veterinary Assistant Surgeons of Chandigarh,
• I.TB P. and B.S.F .
B
A counter affidavit is fil'd on beh1lf of the Union Govern-
ment denying many of the aliegations in the petition an<i in parti-
. crilat the recommendation said to have been m1de by the .ministry ,
of Agriculture.

The Developtneut CommissiOner, Delhi has fifod a counter
affidavit justifying the impugned pay scale and at the 11ame time
he has pleaded that this is a matter which should be allowed to-
be examined by the Fourth Pay Commission. .In view' of the
latter plea, we feel that it is not appropriate to deal with the
merits of tho claim of the Veterinary Assistant Surgeons Of Delhi
. in the course of this order although we feel tharprima facie their
grievance appears to he a legitimate one. Since any alteration in
their pay scales ;vould ·involve modification of the pay scales of
officers in the higher cadres in the same department and in the
corresponding cadres in other departments, the work of refixation
of the pay scale should not ordinarily be under.taken by the Court
• at this stage because the Fourth Pay Commission is required to
co.nsider the '{ery same question after taking into consideration all
the relevant aspects.

In addition to the principle of 'equal pay for equal work',
the pay structure , of the employees of the Government should
F·
reflect many other social values. Apart from belng the dominant "
employer, the Government is also expected 'to be a model I
employer. It has, therefore, to follow certain basic principles
in fixing the pay sc.ales of various posts and cadres in the Govern-
ment service. The. degree of skill, strain of work, e~perience
involved, training required, responsibilily undertaken, mental and . j
G
physical requirements, disagreeableness of the task, hazard atten-
dant on work and fatigue _involved are, according to the Third
Pay· Commission, some of the relevant factors which should be
taken into consideration in fixing pay scales. The method of
recruitment, the level at which the initial recruitment is·made in
the hierarchy of service or cadre, minimum educational and
techniGal qualifications prescribed for the post, the nature of
dealin~s with the public, avenues of 1'toinotion available and hori-
•

DELm VETERINARY ASSN. v. UNION (Venkdtararniah, J.) 433 .

zontijl and vertical relativity with othor jobs in the same service A·
or outside are also relevant factors.

Atthe same time while fixing the pay scales, the paying capa-
~· citY of the Government, the total financial burden which has to
be borne by the general public, the disparity between the incomes
of the Government. employees and the incomes ·of those who are B
not in Government service and the net amount available for
Government at the current taxation level, which appears to be
' very high when compared with other countries in the world, for
developmental purposes 11fter paying the salaries and allowances
to· the Government' servants hwe also to be bonie in mind.
These are, however, not exhanstive of the various matter& which
c
should be considered while fixing the pay scales. There may be
ma,ny ,others including geographical considerations.

Above .1111, it should be noted that the work of a Pay Commis-
sion . does not really mean an increase of Rs. 100 here or D.
recommending an additional allowance of Rs. SO there. It does
also mean a mere reduction of the number of pay. scales or an
attempt at the reduction of the gap between the highest pay scale
and the lowest pay scale It is a big exerc;jse in gearing up the
national economy to secure the highest good to the milli1ms of
our countrymen. Jn. an egalitari;m society based on planned E
economy it is imperative that there should be an evolution and
. implementation of .a scientific national ."policy of incomes, wages
and prices which would be applicable not merely to Government
;'
services but also to the other· sectors of the national economy,
As far as possible the needs of a family unit have to be borne in
mind 'in fixing the wage seales. The 'needs' are nQt static. They
include adequate nutrition, medical .facilities, clothing, housing
F
..
' education, cultural activities etc. Any provision made while
fixing the pay scales for the development of a society of healthy
and well educated children irrespective of the economic position
I of the parents is only an investment and not just an item. of
exp~nditure. In these days of gallopping inflation, care should G
alsq be taken to see that what is fixed today as an adequate pay
scale does not become inadequate within a short period by pro-
viding an automatic mechanism for the modification of the pay
scale.
H
The duties of a Pay <:;ommission are really onerous. - But we
~ave no doubt that the Fo11rth Pay Comission will keep in view
' . '
•

434• SUPREME COURT REPORTS [1984] 3 s.c.R.
A all the relevant considerations, some of which are referred to
above, whjfo dealihg with the complex problem of determining
· the equitab!; pay SCljles for the vast number of employees of the ·
Central Government and of the Union Territories. We have also
no douht tltat the Fourth Pay Commission will not just be another
B Pay Commission as in the past but will lay down sound principles
· regarding the salary structure of the public services.

In the above sittiiti()n, we do not feel called upon to decide
in isolation the question of discrimination raised before us. This ,.
c is a matter which should be left to be decided by the Government
on,,_ the basis of the recommendations ..of the Fourth Pay 'Commis-
S!OQ. . ,•
. . .
'
"

It was, however, urged that since the Fourth Pay Commission·
D
would not be making any recommendation in bspect of the period
between 1973 and ;the dateon which the new. pay scales to be
fiired on the recommendation ·of the Fourth Pay Commissloi:
· would come.into force, the Court should. eons id er whether the
VetetiJlary Assistant' Surgeons were entitled to any retrospecti'Vei
beniftt in respect Qf the said' past·period. Having regard to the .
!orig delay in approaching this Court after the fixation of their
pay sca'e earlier, we do not propose to grant 11ny relief in respect .
of that period. ·
F
The. petition is,, therefore; dismis§ed. The petitioner is at
liberty to make its representation befor tho .Fourth Pay Commis-
sion to determine the pay scale of the' Veterinary Assistllnt
Surgeons of Delhi. We a;re sure that the Fourth Pay Commls·
•· '·'
sion which js presidedoover by a former Judge of this Coiil'li
would consider theii: representation sympathetically.
G
N.V.K. . Petition dis"!is:teif.