Different salary for the same work on the basis of different mode of appointment: What to do for equal pay?

by Shivendra Pratap Singh | Apr 11, 2023 | Service Matters

Different salary for the same work on the basis of different mode of appointment: What to do for equal pay? I am a teacher in the inter college where five posts are sanctioned for the science teacher. Only one teacher is appointed through the public service commission and rest four are ad hoc teachers and appointed on the contract basis. The regular teacher is receiving salary more than one lakh rupees per month and we the contractual teachers are withdrawing a fixed salary i.e. twenty thousand per month. No other benefits are given to us. This is humiliating us. Can the government give different salary for the same work? Can I get equal pay for the equal work?

In the case of State of Punjab v. Jagjit Singh (2017) 1 SCC 148, the Honorable Supreme Court established guidelines to determine parity in the principle of “equal pay for equal work”. According to the court’s ruling, temporary employees are entitled to the minimum regular pay scale on the same principle of “equal pay for equal work”.

You should give a representation to the concerned authority and pray for equal pay for the equal work. If fail to get any response from the concerned authority then you can file a writ petition in the high court under Article 226 of the constitution of India. Equal pay for equal work is a fundamental right upheld by the supreme court in Randhir Singh and D. S. Nakara case.

If the duties and responsibilities are same, then you are entitled to get same pay scale on the principle of equal pay for the equal work. Different mode of selection procedure does not form the basis for deprivation of fundamental right.

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Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

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