Gujarat High Court Dismisses Appeals Seeking 'Equal Pay For Equal Work' For Teachers With Diploma in Drawing

“Law is categorically settled that the classification based on educational qualification is a reasonable and acceptable classification, when the different pay-scales are prescribed on the basis of such classification, it can be said to have rational nexus with the objects as sought to be achieved,“ the division bench of Justice N.V. Anjaria and Justice Niral R. Mehta said.

The appellants had prayed for setting aside of the office order dated 16-04-2009 whereby they were being paid salary in the pay scale of Rs. 5200-20200 with grade pay of Rs. 2800/- instead of in the pay scale of Rs. 9300-34800 with grade pay of Rs. 4200/-. A single bench had earlier dismissed their petitions.

Submissions

The appellants contended that despite being in the secondary section and imparting education in the Drawing subject, they were not being paid salary at par with other teachers. Despite working for an equal number of hours, they are being paid salary in the lower pay scale, they contended.

The court was told while the teachers who possessed degree of B.A in Fine Arts are accorded higher pay scale of Rs.9300-34800, those holding qualification of Diploma (Drawing) have been kept in lower pay scale of Rs.5200-20200. It was further submitted that the Kendriya Vidyalaya and Navodaya Vidyalaya Teachers are also given the scale of Rs.9300-34800.

State argued that based on educational qualifications, the classification of the appellants was in a different category amongst the secondary school teachers. It was submitted that Diploma Holders and Degree Holders could not be equated and are two completely different categories of teachers.

The respondents essentially submitted that pay fixation can always be made subject to the reasonable classification, which could be experience, educational qualification, nature of work, responsibilities.

The respondents further submitted the point that the appellants could also not seek parity with teachers employed in Kendriya Vidyalaya and Navodaya Vidyalayas as they are governed by Central Civil Service Rules whereas the appellants are governed by Gujarat Secondary And Higher Secondary Education Regulation, 1974.

Verdict

The division bench said the petitions suffer from the ‘vice of delay’ since the classification for pay-scale based on the different qualifications existed from the year 1973. The appellants were appointed in 2002 and regularised in 2007. However, they filed the petition only in 2020 and 2022.

The bench further observed that the single judge’s view that the burden of proof to show that there was similarity in the nature of work, quantum of work, quality of work, nature of duties and similarity in qualification lay on the appellants was correct. It further noted that the Appellants showed nothing to discharge their burden.

The bench observed that the doctrine of ‘equal pay for equal work’ read in conjunction with Article 39(d) and Article 14 of the Constitution is not automatically applicable merely on the basis of identical nature of work irrespective of educational qualification and other relevant considerations.

While holding that classification based on educational qualification is reasonable and valid, the bench observed, “By virtue of different qualifications of Diploma and Degree, the secondary teachers became divisible in two class of such intelligible differentia of different qualifications. The different pay-scales are applied since 1973.“

“It will not be open for the petitioners to compare themselves with other trained graduate degree holder secondary teachers to seek parity in the pay-scales,” the bench added.

The bench also held that the teachers employed in Kendriya Vidyalaya and Navodaya Vidyalayas are governed under different rules and so the appellants contention seeking parity with them is also misplaced.

On the issue whether the appellants could seek parity with Art teachers who are degree holders, the bench observed, “...petitioners could not have compared themselves to seek the higher pay-scale with Art teachers who are also degree holders. They are Arts Teacher possessing degree with B.A. (Fine Arts) constituting class on the basis of rational consideration of difference in educational qualifications to justify the grant of different pay-scales.”

Case Title: Manishkumar Prahladbhai Patel Vs. State Of Gujarat & Ors. LPA NO. 336 of 2022

Case Citation: 2023 Livelaw (Guj) 92

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