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Dr. K. M. Sharma & Ors. vs. The State of Chhattisgarh & Ors.

Civil Appeal · 2022 INSC 1305Decided 20 May 2022
Civil Appeal No. 3030 of 2022

Background

The appellants were "Shiksha Karmis" (teachers) appointed under the Chhattisgarh Municipalities Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1998, to teach in schools run by a Municipality. They claimed they were entitled to the same regular pay-scale as teachers appointed directly under the separate Municipal Employees (Recruitment and Conditions of Service) Rules, 1968, arguing they did the same work under the same authority. Their claim was rejected by a Single Judge and then by a Division Bench of the Chhattisgarh High Court, leading to this appeal.

Decision Breakdown

The Supreme Court dismissed the appeal, holding that Shiksha Karmis and Municipal teachers are appointed under two entirely different sets of Rules, with different methods of selection and recruitment, and are therefore not similarly situated for the purpose of "equal pay for equal work." The Court held that Rule 7 of the 1998 Rules, under which a Shiksha Karmi is confirmed after probation into the "regular pay-scale of the Municipality", means confirmation into the Shiksha Karmi pay-scale under Schedule I of the 1998 Rules, not the higher pay-scale applicable to Municipal teachers under the 1968 Rules. Similarly, the "general conditions of service" clause in Rule 11 covered matters like leave and superannuation, not pay-scale, which was separately and specifically fixed by Rule 4.

Lesson Learnt

The constitutional principle of "equal pay for equal work" does not automatically apply merely because two categories of employees perform similar duties; if they are recruited and governed under distinct statutory rules with different eligibility and selection processes, courts will treat them as different classes and will not equate their pay-scales.

Official source (sci.gov.in)View Judgment (PDF)

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