A Delhi Police Driver-Constable sought pay parity with other government drivers. The Supreme Court ruled that “equal pay for equal work” is a constitutional goal deducible from Articles 14 and 16, mandating equal pay for identical work responsibilities.

Facts

Petitioner: Randhir Singh, a Driver-Constable in the Delhi Police Force and ex-serviceman with extensive heavy vehicle driving experience.

Grievance: He received a lower pay scale (Rs. 210-270 or 225-308) compared to drivers in other departments like the Railway Protection Force (Rs. 260-400) and the Language Commission (Rs. 260-350).

Circumstances: While the Third Pay Commission fixed scales for drivers as a common category, it separated driver-constables to be considered with other police personnel, ultimately ignoring their specific duties as drivers.

Job Profile: The petitioner performed duties that were no less arduous—and arguably more heavy due to security risks—than drivers in other departments.

Issue

The primary legal issues were:

  • Whether the principle of “equal pay for equal work” is an enforceable constitutional right or merely an abstract doctrine.
  • Whether the State can justify different pay scales for identical work and responsibilities solely because employees belong to different departments.

Held

Constitutional Goal: While not expressly declared a fundamental right, “equal pay for equal work” is a constitutional goal under Article 39(d) and must be read into the equality clauses of Articles 14 and 16.

Anti-Discrimination: The Court held that the principle applies to cases of unequal pay based on irrational classification, even if the individuals work in different departments, provided their duties and responsibilities are identical.

Substance of Equality: For the vast majority of people, the equality clauses of the Constitution only have substance if “equal work means equal pay”.

Conclusion

The Supreme Court allowed the Writ Petition, directing the respondents to fix the pay scale of the petitioner and other Delhi Police driver-constables to be at least on par with drivers of the Railway Protection Force. This pay parity was ordered to be effective retroactively from January 1, 1973.

Sources: https://www.sci.gov.in/case-status-case-no/

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Editorial Note: This article has been reviewed by the LegalRath Editorial Team to ensure legal accuracy, editorial quality, and clarity before publication.