Gram Panchayat Employees Absorbed In Municipal Corporation Entitled To Equal Pay For Equal Work: Bombay High Court

The Bombay High Court has held that employees absorbed from Gram Panchayats into a Municipal Corporation are entitled to parity in pay with regular employees if they perform identical duties. The Court observed that denial of equal pay for equal work in such circumstances amounts to discrimination and violates Articles 14 and 16 of the Constitution.A division bench of Justices G. S. Kulkarni and Aarti Sathe was hearing a writ petition filed by 28 employees who were originally appointed by Gram Panchayats and later absorbed into the Vasai-Virar City Municipal Corporation following its constitution in 2009. The petitioners, working as Safai Kamgars, clerks, and peons, contended that despite discharging duties identical to regular employees of the Corporation, they were paid only minimum wages and denied the benefit of regular pay scales and allowances. The Municipal contended that the petitioners were initially appointed by Gram Panchayats on a lump sum basis without following due recruitment procedures and were therefore not entitled to regular pay scales. The Court examined the principle of “equal pay for equal work” and reiterated that it is a well-established constitutional doctrine flowing from Articles 14 and 16. It observed:“… the Petitioners cannot be discriminated against and/or paid a lower pay or pay scales than what is granted to the regular employees, performing similar duties. This would amount to discrimination violating the Petitioners fundamental rights under Article 14 & 16 of the Constitution of India.”The Court rejected the contention that the origin of appointment in Gram Panchayats could justify the denial of parity. It noted that after absorption into the Municipal Corporation, the petitioners continued to serve for several years and were performing the same work as regular employees. It was not the case of the Corporation that the nature of duties performed by the petitioners was different from that of regular staff.“… to subject the Petitioners to grant of such abysmal wages/pay scale who are indisputedly working with the Municipal Corporation on the same terms and conditions applicable at the time of their original appointments with the Gram Panchayats, amounts to denying them pay parity with the other regular employees and the legitimate service benefits…,” the Court observed,Accordingly, the High Court allowed the writ petition and directed the Municipal Corporation to grant the petitioners pay parity with regular employees. It further directed the Corporation to calculate and pay arrears of salary along with interest at the rate of 8% per annum within four weeks.Case Title: Gajanan Namdeo Oge & Ors. v. Vasai-Virar City Municipal Corporation & Ors. [Writ Petition No. 9442 of 2019]Citation: 2026 LiveLaw (Bom) 119Click Here To Read/Download Order

Gram Panchayat Employees Absorbed In Municipal Corporation Entitled To Equal Pay For Equal Work: Bombay High Court

Saksham Vaishya

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