Holding

Agragamies and police constables form two different classes in public service; fixing different pay scales for them does not violate Article 14.

Summary

The State of West Bengal appealed against a Calcutta High Court order that directed the government to grant agragamies (volunteers) of the West Bengal National Volunteer Force the same pay scale and benefits as police constables, on the ground of "equal pay for equal work". The respondents, recruited under the West Bengal National Volunteer Force Act, 1949, performed police‑like duties and claimed parity with constables. The Supreme Court examined whether the two groups constitute the same class for Article 14 purposes and whether the principle of equal pay can be invoked when the Pay Commission has already differentiated the posts based on duties, responsibilities, qualifications and recruitment methods. Relying on earlier judgments, the Court held that the agragamies and police constables are distinct classes in public service and that fixing different pay scales is not violative of Article 14. It emphasized that courts should not substitute the expertise of Pay Commissions unless a clear, unjustified discrimination is shown. Consequently, the appeal was allowed and the High Court judgments were set aside.

Issues considered

Whether agragamies of the West Bengal National Volunteer Force are entitled to the same pay scale as police constables under Article 14 of the Constitution.
Whether the principle of "equal pay for equal work" applies when the nature of work is similar but the duties, responsibilities, qualifications and recruitment processes differ.
Whether the court can intervene in the fixation of pay scales that have been determined by the Pay Commission.
Whether agragamies and police constables constitute the same class for the purpose of equality before the law.

Legislation cited

West Bengal National Volunteer Force Act, 1949s. 10, s. 12, s. 2(g), s. 3, s. 4, s. 7, s. 8

Subjects

Article 14equal pay for equal workpublic service classificationpay scalesWest Bengal National Volunteer Forceagragamiespolice constablesservice law

Judgment

A STATE OF WEST BENGAL AND ORS.
v.
HARi NARAYAN BHOWAL AND ORS.

MARCH 16, 1994

B [P.H. SAWANT AND N.P. SINGH, JJ.]

Constitution of India, 1950: Articles 14, 16(1), 39(d)-Equal pay for
equal work-Agragamies recntited under the West Bengal National Volunteer
Force Act claiming parity of pay scales with police constables-Held, they
C form two different classes in public service-Fixing different scales of pay not
violative of Article 14-Claimants should satisfy the Court not only that nature
of work is identical but they belong to the same c/as;-Till claimants satisfy
that they have not been treated as equals within parameters of Article 14,
Courts should be reluctant to issue any writ to treat them equal.
D
Service Law-Whether two posts should carry equal pay, does not
depend just upon either the nature or volume of work done; requires evalua-
tion of duties and responsibilities of the respective posts.

E 77te West Bengal National Volunteer Force Act, 1949---Concept of
National Volunteer Force-Held, is different from that of a police force; it is
a standby force, not only for law and order but for different emergencies to
aid and help regular police force.

The Respondents were 'Agragamies' employed under the provisions
F of the West Bengal National Volunteer Force Act, 1949. Claiming to
perform the duties of constables apart from other duties they demanded
the same scale of pay and other benefits payable to police constables. The
Pay Commission recommended different scales of pay for them.

A single judge of the High Court, on the principle of equal pay
G for equal work, allowed the Respondents, Writ Petition and directed the
State Government to consider their case. A Division Bench affirmed the
order.

-~
Before this Court the appellant State of West Bengal contended that
H while Agragamies were recruited from amongst trained members of the
24
)
STATEOFW. BENGAL v. BHOWAL 25

National Volunteer Force, constables were directly recruited by selection. A
The qualfication for Agragamies was Class VI passed whereas for con-
stables it was Class VIII passed. There was difference in the minimum
physical standard required for the two as well as in their duties.

Allowing the appeal, the Court
B
HELD : 1. To treat the Res1rnndents and the constables of the West
Bengal Police Force separately in matters of fixation of scale of pay, is not
violative of Article 14 of the Constitution. They form two different classes
in public service. (32-D]
c
State of West Bengal v. Madan Mohan Sen, (1993] Supp. 3 SCC 243,
relied on.

2. Whether two posts are equal or should carry the equal pay,
depends on several factors. It does not depend just upon either the nature D
of work or the volume of work done. Primarily it requires among others,
evaluation of duties and responsibilities of the respective posts. The quan-
tity of work may be the same but the quality may be different. That cannot
be determined by relying upon avern1ents in affidavits of interested parties
but by expert bodies like Pay Commission. [31-A-R]
E
Delhi Vete1ina1y Association v. Union of India, AIR (1984) SC 1221
and State of U.P. v. J.P. Chaurasia, AIR (1989) SC 19, relied on.

State of M.P. v. Pramod Bhartiya, (1993] l SCC 539 and Shyam Babu
Vemza v. Union of India, JT (1994) I SC 574, referred to. F

3. The whole concept of the National Volunteer force, is different
from that of the police force. In respect of the volUnteers, it can be said
that it is a stanhy force, not only for hnv and order, but for different
emergencies, to aid and help the regular police force or members of other
services. (29-G] G

4.1. The principlt: of 'equal pay for equal work' can be enforced, only
after the persons clain1ing, satisfy the Court that not only the nature of
... \\'ork is identical but in all other respects they belong to the same class
and there is no apparent reason to treat equals as unequals. (31-E] H
26 SUPREME COURT REPORTS [1994] 3 S.C.R.

A 4.2. Unless a very clear case is made out and the Court is satisfied
that the scale provided to a group of persons on the basis of material
produced before it amounts to discrimination without there being any
justification, the Court should not take upon itself the responsibility of
fixation of scales of pay. (31-F]
B CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1741 of
1994.

From the Judgement of Order dated 27.8.92 of the Calcutta High
Court in Original Order No. 468 of 1992 (F.M.A. No. 468/92) arising out
c of C.R. No. 1102(N) of 82.

Dilip Sinha and J.R. Das for the Appellants.

N.B. Shetty & G.S. Chatterjee for the Rrespondents.

D The Judgment of the Court was delivered by

N.P. SINGH, J. Leave granted.

This appeal has been filed on behalf of the State of West Bengal,
against an order passed by the High Court, directing the State Govermnent,
E to give the same pay scale and other benefits, which are payable to the
Constables of the West Bengal Police Force, to the writ petitioners-respon-
dents (hereinafter referred to as the 'respondents'), who are the members
of the West Bengal National Volunteer Force.

The respondents were employed as 'Agragamies' otherwise called
F Volunteers attached to Biswakarma Battalion. According to respondents,
as they have been appointed in accordance with the provisions of the West
Bengal National Volunteer Force Act, 1949 (hereinafter referred to as the
'Act') and as they have been performing the duties of the Constables while
maintaining law and order, they should be treated at par with the police
G Constables of the West Bengal; they are entitled to the same scale of pay
and other benefits which are payable to such Constables. It was pointed
out on their behalf, that the revised scale of pay introduced by the Govern-
ment, for the National Volunteers, were highly discriminatory in nature and
different from the members of the West Bengal Police Force although the -"
H respondents not only perform the duties of the Constables while maintain-
STATEOFW.BENGAL v. BHOWAL[N.P.SlNGH.J.[ 27

ing la\V and ,1rder, but perform even the duties of brick laying, carpentry, A
painting, plastering, flooring, pun1ping and electrical \viring. They have to
construct roads and highways as well, apart from guarding the vital instal-
lations.

A learned Judge on the principle of 'equal pay for equal work',
directed the State Government to consider the case of the respondents, in
B
the light of the judgment of the same court in the case of Madan Mohan
Sen and Ors. v. The State of West Bengal and Ors., in which the High Court
had directed to pay the Agragamies, who were the members of the West
Bengal Civil Emergency Force, the scale of pay and benefits, which were
payable to the firemen in the West Bengal Fire Service. The Division c
Bench, affirmed the direction given by the single Judge, saying that as the
Agragamies have been performing and discharging the duties of th.e Con-
stables, they were entitled to the same scale of pay and other allowances,
which are payable to the Constables of the West Bengal Police Force; the
denial of said scale and benefits amounted to discrimination within the D
meaning of Article 14 of the Constitution.

On behalf of the appellant-State, it was pointed out by a reference,
to the comparative data which had been filed before the High Court
regarding the Agragamies in the West Bengal National Volunteer Foree
E
and the Constables in the West Bengal Police Force, that Agragamies are
recruited from amongst the trained members of the National Volunteer
Force, or from amongst the ex-servicemen, whereas the Constables in
Police Force are recruited on selection, by process of direct recruitment.
The qualification prescribed for Agragamies is Class VI passed, whereas
for Constables the qualification is Class VIII passed. There is also dif- F
ference in the minimum physical standard required for the two. The duty
to be performed by the Agragamies are (1) to aid the police force to meet
law and order situation, (2) to attend emergencies on call, in times of Dock
Strike, Corporation Strike and similar other situation of unrest (3) to attend
emergency duties at times of natural calamities e.g. flood, storms, G
earthquake etc. (4) to guard vital installations in Union/State undertakings,
e.g. D.P.L., D.C.L., R.C.F.A., WBSEB and Water Treatment Plants, etc.
whereas the duties of the police Constables, are maintenance of law and
order and prevention of crime. It further appears that Agragamies are class
IV employees in the State Government Service, while Constables are Class H
28 SUPREME COURT REPORTS (1994] 3 S.CR.

A III employees.

In the Act "Force" has been defined to mean West Bengal National
Volunteer Force. "Volunteer" has been defined under Section 2(g) to mean
a person enrolled as a member of the West Bengal National Volunteer
Force or any unit or corps of the Force established, constituted or formed,
B as the case may be under the proviso to Section 3 or Section 7. Section 3
says that the State Governn1ent may raise and maintain na volllnteer force
to be called the West Bengal National Volunteer Force" and for that
purpose enrol persons as volunteers from the Calcutta and elsewhere in
West Bengal. The functions of a volunteer has been prescribed in Section
C 4, saying that when called upon, he shall discharge such functions in
relation to the protection of persons, the security of property and preser-
vation of the public peace in any area within the West Bengal and such
other functions as may be assigned to him by or under the said Act. Section
7 vests power in the State Government to direct that one or more corps or
D units of the force be constituted or formed for any particular region within
the West Bengal or for any specified purpose. Section 8 says :-

"8. (1) Any Citizen of India or any person having a permanent
domicile in West Bengal who may offer himself for enrolment in
the Force and who satisfies the prescribed conditions may be
E eligible for enrolment therein by such authority, in such manner
and for such period not exceeding five years as may be prescribed.

(2) Every volunteer shall receive a certificate of appointment
in the prescribed form and such certificate shall be issued by such
F authority as may be prescribed and thereupon he shall have the
powers, privileges and protection conferred, and shall discharge
the duties imposed, on a volunteer by or under this Act.

(3) Every volunteer enrolled under this Act shall undergo such
preliminary and periodical training as may be prescribed.
G
(4) Every person enrolled as a volunteer under this Act shall
be entitled to receive a certificate of discharge in the prescribed
form on the expiration of the period for which he was enrolled
and any such person may, prior to the expiration of that period,
H be discharged by such authority subject to such conditions as may
STATEOFW. BENGAL v. BHOWAL[N.P.SINGH,J.] 29

"'-· be prescribed, and shall be so discharged on the recommendation A
of the Advisory Commitee in this behalf.

(5) The prescribed authority may, subject to such conditions as
may be prescribed -

(a) suspend, discharge, dismiss or remove any volunteer from B
his office and thereupon the certificate referred to in sub-sec-
tion (2) shall cease to have effect, or

(b) disband any unit constituted under this Act and thereupon
every volunteer of such unit shall vacate office."
c
Section 12 provides that a volunteer, when called upon for duty under
sub-section (al) or sub-section (1) of Section 10 to aid the police force,
such volunteer shall work under the orders of or be under the control of
such officers of the police force as may be prescribed.
D
On plain reading of the different provisions referred to above, it
appears that West Bengal National Volunteer Force is a force of volun-
teers. When called upon for duty, the volunteer has to discharge such
functions in relation to protection of persons, the security of property and
preservation of the public peace in any area within the Wesl Bengal and
such other functions as may be assigned to him. Any citizen of India or any
E
person having a permanent domicile in West Bengal may offer himself for
enrolment in the force and if he satisfies the prescribed conditions, he may
be enrolled by the prescribed authority for such period not exceeding five
years. Every person enrolled as volunteer under the said Act, on expiration
of the period for which he had been enrolled or even prior to the expiration F
of the said period be discharged in accordance with the procedure
prescribed under sub- section ( 4) of Section 8. It is true that such volunteer
force has to perform when called upon, the duties of the police force while
maintaining law and order. But according to us, the whole concept of the
National Volunteer Force, is different from that of the police force. In
G
respect of the volunteers, it can be said that it is a standby force, not only
for law and order, but for different emergencies, to aid and help the regular
police force or members of the other services.

;.. It appears, the Pay Commission examined the scales of pay of the
volunteers of National Volunteer Force and the Constables of the West H
30 SUPREME COURT REPORTS [1994] 3 S.C.R.

A Bengal Police Force. On the basis of the relevant mate.,ial different scales
of pay for them was recommended. The High Court having found that the
nature of work of the respondents was more or less that of the constables
of the. police force, especially, when they are called upon to maintain law
and order, held that there was no justification to deny the same scale of
pay, to the respondents on the principle of 'equal pay for equal work'.
B
In public services, nature of work in two services or in the same
service, the nature of the work of the two groups may be more or less same.
But merely on that ground they are not entitled to the same scale of pay.
It is well known that scales of pay are fixed by expert bodies like the Pay
c Commissions, which consists of persons having specialized knowledge of
the subject. Such Commissions while fixing the scales of pay or revising the
same, have to go in depth, not only into the nature of work by members of
·the same service and members of different services but also various other
factors before the scales of pay are fixed. One of the primary concerns of
su_ch Pay Commissions is to remove any anomaly and to see that members
D of different services get scales of pay and other emoluments not only
according to the nature of work but also according to educational qualifica-
tions, responsibilities of the posts and e>.lJerience etc. As such, before any
direction is issued by the Court, the claimants have to establish that there •
was no reasonable basis to treat them separately in matters of payment of
E wages or salary.

This Court in the case of Delhi Veterinary association v. Union of
India, AIR (1984) SC 1221, said that in addition to the principle of 'equal
pay for equal work', the pay structure of the employees of the Government
F should reflect many other social values. It was said :-

"The degree of skill, strain of work, experience involved, training
required, responsibility undertaken, mental and physical require-
ments, disagreeableness of ihe task, hazard attendant on work and
fatigue involved are, according to the Third Pay Commission, some
G 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 technical qualifications prescribed for
the post, the nature of dealings with the public, avenues of promo-
H tion available and horizontal and vertical relativity with other jobs
STATEOFW.BENGAL v. BHOWAL[N.P.SJNGH,J.] 31
11
in the same service or outside are also relevant factors. A

In the case of State of U.P. v. J.P. Chaurasia, AIR (1989) SC 19=[1989] 1
sec 121, it was pointed out that whether two posts are equal or should
carry the equal pay, depends on several factors. It does not depend just
upon either the nature of work or the volume of work done. Primarily it
requires among others, evaluation of duties and responsibilities of the
B
respective posts. The quantity of work may be the same but the quality may
be different. That cannot be determined by relying upon averments ii)
affidavits of interested parties. It must be determined by expert bodies like
Pay Commission, who would be the best judges, to evaluate the nature of
duty, responsibility and all relevant factors. The same view was reiterated c
in the case of State of M.P. v. Pramod Bharliya, (1993] 1 SCC 539, by a
three Judges Bench of this Court. Recently, in the case of Shyam Babu
Venna v. Union of lndia, JT (1994) 1 SC 574, a claim for equal pay by a
group of Pharmacists was rejected saying that the classification made by a
body of experts after full study and analysis of the work, should not be D
disturbed except for strong reasons which indicate the classification made
was unreasonable.

It need not be impressed that the principle of 'equal pay for equal
work' can be enforced, only after the persons claiming, satisfy the Court
that not only the nature of work is identical but in all other respects they E
belong to the same class and there is no apparent reasori to treat equals
as unequals. Unless a ve-:y clear case is made out and the Court is satisfied
that the scale provided to a group of persons on the basis of the material
produced before it amounts to discrimination without there being any
justification, the Court should not take upon itself the responsibility of F
fixation of scales of pay, especially when the different scales of pay have
been fixed by Pay Commission or Pay Revision Committees, having persons
as members who can be held to be experts in the field and after examining
1 all the relevant material. It need not be emphasised that ln the process
undertaken by the Court, an anomaly in different services may be intro-
duced, of which the Court may not be conscious, in the absence of all the G
relevant materials being before it. Till the claimants satisfy on material
produced, that they have not been treated as equals within the parameters
of Article 14, Court should be reluctant to issue any writ or direction.to
treat them equal, particularly when a body of experts has found them not
lo be equal.
32 SUPREME COURT REPORTS 1199413 S.C.R.

A So far as the present case is concc.rned, as already mentioned abo\'e~
the High Court placed reliance on an earlier judgn1cnt of the :>an1c Court
directing that Agragamies of West Bengal Ci\'il En1crgcncy Force he paid
the same scale of pay, \vhich \vas payable to the Fircn1en of the Fire Service
Department. That earlier judg1ncnt of the High Court has been reversed
by this Court State of West Bengal v. Madan Mohan Sen, IJ9931 Supp. 3
B SCC 243. This Court while dismissing the writ application of Agragamies
of West Bengal Civil Emergency Force has pointed out that merely because
the academic qualifications and physical requirements of both are similar
or that the Agragamics are also given certain fire-fighting training along
\vith other training, it cannot be said that they perform similar duties,
C functions and responsibilities as the Firemen.

The same is the position here. On the material on record, it is
difficult to hold that the respondents who had been enrolled as volunteers
under the West Bengal National Volunteer Force .A.ct, belong to the class
of Constables, under the West Bengal Police Force and to treat them
D ·.separately in matters of fixation of scale of pay, amounts to violating Article
14 of the Constitution. According to us, they form two different classes in
public service. In this background, the High Court was in error in treating
them at par with the Constables of the West Bengal State Police Force.
• ,.
In the result, the appeal is allowed and the .iudgments of the Single
E
Judge and the Division Bench are set aside. In the facts and circumstances
of the case, there will be no order as to costs.

S.M. Appeal allowed.