State of Madhya Pradesh Through Principal Secretary & Ors. vs. Seema Sharma [Civil Appeal No. 3892 of 2022]
Equal pay for equal work could only be invoked when the employees were similarly circumstanced in every way
18. In Ramesh Chandra Bajpai (supra),
this Court further held that it was well-settled that the doctrine of equal pay
for equal work could only be invoked when the employees were similarly
circumstanced in every way. Mere similarity of designation or similarity or
quantum of work was not determinative of equality in the matter of pay scales.
The Court had to consider all the relevant factors such as the mode of
recruitment, qualifications for the post, the nature of work, the value of
work, responsibilities involved and various other factors.
23. The fixation of scales of pay is a
matter of policy, with which the Courts can only interfere in exceptional cases
where there is discrimination between two sets of employees appointed by the
same authority, in the same manner, where the eligibility criteria is the same
and the duties are identical in every aspect.