Holding

A classification based on educational qualification is a valid and reasonable classification under Article 14; the State's policy of differential pay scales is not unconstitutional.

Summary

The Chhattisgarh Rural Agriculture Extension Officers Association, originally appointed as matriculate Village Level Workers, were transferred to the Agriculture Department and redesignated as Rural Agriculture Extension Officers. The State of Madhya Pradesh, invoking a policy that only graduates could fill the post, created two pay scales: a lower "dying" scale for non‑graduates and a higher scale for graduates, contrary to the 1982 and 1999 Pay Commission recommendations for a uniform scale. The officers challenged the classification as violative of Article 14 and the doctrine of equal pay for equal work; the State Administrative Tribunal and the High Court dismissed the petition, holding the matter should be left to the Pay Commission. On appeal, the Supreme Court examined whether the educational‑qualification based classification was a reasonable classification under Article 14. The Court held that the State’s policy of recruiting only graduates and fixing separate pay scales was a valid classification, not arbitrary or irrational, and therefore did not breach Article 14. Consequently, the appeal was dismissed.

Issues considered

Whether the State's sanction of different pay scales for employees of the same cadre on the basis of educational qualification violates Article 14 of the Constitution.
Whether the doctrine of equal pay for equal work applies when employees perform similar duties but belong to different educational categories.

Legislation cited

Constitution of Indias. Article 14, s. Article 309 (proviso)

Subjects

Article 14equal pay for equal workclassificationeducational qualificationpay scalesdiscriminationconstitutional lawservice conditions

Judgment

J CHATTISGARH RURAL AGRICULTURE EXTENSION OFFICERS A
ASSOCIATION
v.
STATE OF M.P. AND ORS.

APRIL 5, 2004
B
[V.N. KHARE, CJ., S.B. SINHA AND S.H. KAPADIA, JJ.]

Constitution of India, 1950-Article 14-Doctrine of equal pay for equal
work-Sanction of different pay scales to employees belonging to the same
cadre on the basis of educational qualification-Pay Commission recommended c
equal pay scale as the nature of their work was similar-Recommendation not
accepted by State and two scales of pay granted- Order challenged as
discriminatory-Relief to the aggrieved employees denied by Court below-
On appeal, held: A valid classification can be made on the basis of educational
qualification despite the fact that employees have been performing similar
D
duties-The policy decision of the State ex facie cannot be termed to be
I •
arbitrary or irrational.
'r
Employees-members of the appellant Association, whose educational
qualification was matriculation were initially appointed as Village Level
Workers. Their services being subsequently transferred to Agriculture E
Department of State, their designation was changed to Rural Agriculture
Extension Officer. State Government decided to fill up the post only by
graduates and by reason of provisions of Madhya Pradesh Revision of Pay
Rules, 1983 prescribed two different pay scales for non-graduates (Dying
scale) and higher scale for fresh recruits and existing graduates. Appellants
! challenging the decision of the State, filed Writ Petition before High Court, F
-~
which was transferred to State Administrative Tribunal after its
constitution. Tribunal despite holding that it was a case of hostile
discrimination, did not grant any relief to the appellants holding that the
same had to be dealt with by Pay Commission. Writ petition against the
order of the Tribunal was dismissed by High Court. G
In appeal to this Court appellant contended that sanction of different
.....
pay scale to the employees of same cadre, on the basis of educational
qualification was impermissible as their posts were interchangeable, were
carrying out same work and had undergone same training; that State
821 H
822 SUPIZl-:ME COliRT REPORTS [200.Jj 3 S.CR.

A should have accepted the recommendations of Pay Commission made in
1982 and 1999 for grant of scale of pay to all the officers· irrespective of
their educational qualification; that doctrine of classification should not
be stretched too far and the same ~annot be a basis for justifying an
arbitrary action of State; and that Tribunal wrongly refused to grant any
relief despite holding that State committed hostile discrimination.
B
Dismissing the appeal, the Court

HELD: I. It is trite that the Pay Commission in the years 1982 and
in 1999 desired and recommended that the same scale of pay be given to
the Extension Officers irrespective of their educational qualification, but
C it is not in dispute that the recommendations of the Pay Commission were
not accepted by the State. Although the Pay Commission is considered to
be an expert body, the State in its wisdom and in furtherance of a valid
policy decision may or may not accept its recommendatiou. The State in
exercise of its jurisdiction conferred upon it by the proviso appended to
D Article 309 of the Constitution of India can unilaterally make or amend
the conditions of service of its employees by framing appropriate rules.
The State in terms of the said provision is also entitled to give a
retrospective effect thereto. A policy decision had been adopted by the -t
State that the post of Extension Officer shall be filled up only by graduates.
Such a policy decision ex facie cannot be termed to be arbitrary or
E irrational attracting the wrath of Article 14 of the Constitution of India.
A dying scale was provided by the State for the non-graduates. Fresh
recruitments were to be made only from amongst the persons who held
he requisite educational qualification. With a view to avoid any
discrimination between the new recruits and the serving employees who
F possessed the same qualification, the State cannot be said to have acted \
illegally in granting a higher scale of pay also for the existing degree >-
holders. It may be that when recommendations are made by a Pay
Commission, evaluation of job must be held to have been made but the
same by itself may not be a ground to enforce the recommendations by
issuing a writ of or in the nature of mandamus although the State did not
G accept the same in toto and made rules to the contrary by evolving a policy
decision which cannot be said to be arbitrary or discriminatory.
[827-C; 828-D-F; 832-G-H; 833-Aj -..

2. Article 14 forbids class legislation but permits reasonable
H classifkation subject to the conditions that it is based on an intelligible
Cl-IATTISGARl-I RURAL AGRI. EXTENSION OFFICERS ASSON. ,. STATE ISINHA . .I] 823

differentia and that the differentia must have a rational relation to the A
object sought to be achieved. 1828-G-HI

Saurabh Chaudri and Ors. v. Union of Indio and Ors., (2003) 9 SCALE
272, relied on.

lachhnwn Dass v. State of Punjab and Ors., AIR (1963) SC 222, B
referred to.

3. Despite the fact that the employees have been performing similar
duties and functions and their posts are interchangeable, a valid
classification can be made on the basis of their educational qualification.
c
State of Mysore v. P. Narasinga Rao, AIR (1968) SC 349, followed.

Mewa Ram Kanojia v. All India Institute of Medical Sciences and Ors.,
1198912 SCC 235; Shyam Babu Verma and Ors. v. Union of India and Ors.
(1994) 2 SCC 521; V Markendeya and Ors. v. State of Andhra Pradesh and
Ors., 119891 3 SCC 191 and Government of West Bengal v. Tarun K. Roy D
and Ors., JT (2003) 9 SC 130, relied on.

Col. A.S. Iyer and Ors. v. JI. Ba/asubramanyam and Ors., [1980] 1 SCC
634; State of Mysore v. B. Basava/ingappa, 119861 Supp. SCC 661; State of
Madhya Pradesh and Anr. v. Pramod Bhartiya and Ors., 11993) 1 SCC 539,
distinguished. E
CIVIL .APPELLATE JURISDICTION : Civil Appeal No. 3134 of
1999.

From the Judgment and Order dated 13.4.98 of the Madhva Pradesh
-
High Court in M.P. No. 1550 of 1998.
- F
Dr. Rajeev Dhavan, Prakash Shrivastava; A.P. Dhamija and P.P. Singh
for the Appellant.

Ms. Geetanjali Mohan for State of Chhatisgarh.
G
Sakesh Kumar and S.K. Agnihotri for the Respondent.

The Judgment of the Court was delivered by

S.B. SINHA, J. Applicability of doctrine of 'equal pay for equal work'
is involved in this appeal which arises out of a judgment and order dated H
I

7
824 SUPREME COURT REPORTS (2004] 3 S.C.R.

A 13.4.1998 passed by the High Court of Madhya Pradesh at Jabalpur in Writ
Petition No.1550 of 1998.

BACKGROUND FACTS:

The appellant herein is an Association of Rural Agriculture Extension
B Officers (hereinafter referred to as 'the Extension Officers'). They were
originally appointed as Village Level Workers. They are matriculates. The
services of the Village Level Workers were transferred to the agriculture
department of the State. It framed rules in the year I 972. On or about 9.4. I981,
the designation of the Village Level Workers was changed to the Rural
Agriculture Extension Officer by the State Government. The State of Madhya
C Pradesh in exercise of the power conferred upon it under the Proviso appended
to Article 309 of the Constitution of India made rules known as 'Madhya
Pradesh Revision of Pay Rules, 1983'. Rule 3 of the said Rules reads as
under :

"3. Revised Scale of Pay.- The revised scale of pay applicable to any
D post carrying existing scale shown in columns 2 and 3 of Annexures
I and II respectively shall be the corresponding pay-scale shown in
column 4 thereof in respect of that post."
t
By reason of the provisions of the said Rules, two different scales of
pay were prescribed, namely, Rs. 575-880 for non-graduates (Dying scale)
E and Rs. 635-950 for fresh recruitment and for existing B.Sc./B.Sc. Agriculture.
By reason of an executive instruction dated 2/5.3.1984, the decision of the
State Government was communicated to the Director, Agriculture, the relevant
portion whereof is to the following effect:

"Essential educational qualification for the post of Rural Agricultural
F Extension Officer being graduation (for all departments) be fixed and
all the graduates so employed be paid by the pay-scale of Rs.635-
950. All those graduate employees who were working to the posts in
all departments prior to 1.4.81 should be paid given a salary at the
rate of Rs. 635-950.
G 2. *******

3.*******

This sanction endorsement vi de notification No.5/385/84/Dept. II
Four dated 3.3 .84 had been endorsed in the records of the Accountant
H General's Office."
CHATTISGARH RURAL AGRI. EXTENSION OFFICERS ASSON. r STATE [SINHA, J j 825

j Yet again by an amendment to the rule by a notification dated 5.9.1984 A
in sub-clause (2) in Pait B of the said Rules the words "for new recruitments
and for the qualification B.Sc./B.Sc. (Agri.) pass" were replaced by the words
"for new recruitments and for graduates holding the degree". The appellant
herein filed a writ petition before the High Court of Madhya Pradesh at
Jabalpur praying, inter alia, for the following reliefs ·
B
"(b) That the pay scale of Rural Agriculture Exte1sion Officers be
given in accordance with the ratio given in AIR 1984 Supreme Court
1221 and it should be enhanced with the cadres stated in the above
paras by giving them maximum pay scale, as has been given to any
one of those cadres."
c
On constitution of the Madhya Pradesh State Administrative Tribunal
in the year 1988, however, the said writ petition was transferred thereto. The
Tribunal gave several opportunities to the respondents herein to file a return
but despite its failure to do so and despite holding that a clear case of hostile
discrimination has been made out in view of the decision of this Court in D
Union of India and Anr v. P. V. Hariharan and Anr., [1997] 3 SCC 568] ~
JT ( 1997) SC 569 held that the grievances of the applicant regarding pay
scale had to be dealt with by the Pay Commission. A writ petition filed
thereagainst before the Division Bench of the Madhya Pradesh High Court
by the appellant was also dismissed in view of the judgment of this Court in
Hariharan (supra) observing : E
" ... Moreso, there can always be a classification on the basis of
graduation and non-graduation in the pay scale. Thus, we are satisfied
that there is no ground to interfere with the order. Hence, this petition
is dismissed."
F
SUBMISSIONS :

Dr. Rajeev Dhavan, learned Senior Counsel' appearing on behalf of the
appellant, would submit that the Tribunal as also the High Court went wrong
in passing the impugned judgments and orders insofar as they failed to take
into consideration that as by reason of the impugned rule no new post or G
cadre was created, sanction of different pay scale to the employees belonging
to the same cadre was impermissible. The purported classification betweew
the two sets of employees whose posts are interchangeable and who are
carrying out the same work and have undergone the same training could not
have been placed in two different classes only on the basis of educ.ational H
J

7

826 SUPREME COURT REPORTS [2004] 3 S.C.R.

A qualification, the learned Counsel submitted. Dr. Dhavan would contend that 1
as despite having been given several opportunities, the respondents herein
failed to file return, they must be deemed to have admitted the contentions
raised by the appellant herein before the Tribunal as correct and, thus, the
Tribunal misdirected itself in refusing to grant any relief to the appellant
despite arriving at a finding that the State has committed a hostile
B discrimination against the appellant. Educational qualification, Dr. Dhavan
would urge, can be a valid criteria only where new cadre is created and
where no minimum qualification was fixed at the time of initial appointment,
but in a situation where the employees irrespective of their qualification had
been performing the same functions in the same grade, the doctrine of equal
C pay for equal work would be applicable.

Drawing our attention to the report of the Pay Revision Commissions
made on or about 13.10.1982 as also in the year 1999, the learned counsel
would submit that the State should have accepted the recommendations
contained therein for grant of scale of pay to all Extension Officers irrespective
D of their educational qualification. The learned counsel in support of his
aforementioned contention has placed strong reliance on State of Mysore v.
B. Basavalingappa, [1986] Supp. SCC 661, State of Madhya Pradesh and
. ,.
Anr. v. Pramod Bhartiya and Ors., [1993] l SCC 539 and Shyam Babu
Verma and Ors. v. Union of India and Ors., [1994] 2 SCC 521.

E The learned counsel would contend that the doctrine of classification
should not be stretched too far and the same cannot be a basis for justifying
an arbitrary action on the part of the State. In support of the said contention,
reliance has been placed on Col. A.S. Iyer and Other v. V Balasubramanyam
and Ors., [ l 980] l SCC 634.
F Ms. Geetanjali Mohan, learned counsel appearing on behalf of the State
of Chhattisgarh, on the other hand, would urge that the possession of a higher
educational qualification has all along been held by this Court to be a valid
classification for the purpose of fixing the scale of pay. Although the concerned
employees had been performing similar duties and functions, the same would
G not mean, it was urged, that the employees cannot be granted different scale
of pay on the basis of their educational qualification. Article 14 of the
Constitution of India. Ms. Mohan would argue, will have application only
when a discrimination is made between the persons who are absolutely
similarly situated and not otherwise. Strong reliance in this behalf has been
H placed on The State of Mysore and Anr. v. P. Narasinga Rao, AIR (1968) SC
CHATTISGARH RURAL AGRI EXTENSION OFFICERS ASSON. 1·. STATE [SINHA . .I] 827

349 = [1968] 1 SCR 467, Mewa Ram Kanojia v. All India Institute of Medical A
Sciences and Ors., (1989] 2 SCC 235, V Markendeya and Ors. v. State of
Andhra Pradesh and Ors., [ 1989] 3 SCC 191 and a recent decision of this
Court in Government of West Bengal v. Tarun K. Roy and Ors., JT (2003)
9 SC 130.

ANALYSIS: B
Applicability of doctrine of equal pay for equal work

on the touchstone of Article 39(d) read with Article 14 of the Constitution
of India will have to be considered for the purpose of the present case on the
· premise that save and except disparity in educational qualification, the nature C
of work performed by Extension Officers is identical and they had undergone
a similar training. It is trite that the Pay Commission on or about 13.10.1982
and in the year 1999 desired and recommended that the same scale of pay be
given to the Extension Officers irrespective of their educational qualification,
but it is not in dispute that the recommendations of the Pay Commission were D
not accepted by the State. The relevant portion of the recommendations of
the Pay Commission and the Order of the State Government thereupon
"'! respectively are as under :

"$!. Report of Pay Recommendations of Order of the State
No. Commission Pay Commission Government E
Chapter/Para
5. Twelve 17 (One) The present pay According to the amendment
& 18 scale of Gram Sewak in the recruitment rules of
Rs.169-300 the said pay this department the minimum
I scale was recommended qualification being
F
to be revised at S. No. graduation with Science or
""' five and this suggestion Agriculture and in future the
was proposed that all the Gram Sewak be placed on
Gram Sewak who pay scale Rs.635-950. This
passed the 6th months pay scale will be given to
training course should Gram Sewaks who were only G
be upgraded to pay scale Agriculture graduate or
of Rs.195-330 as being Science graduate but other
revised grade. gram sewaks wi II be given
the revised pay scale Rs. 575-
880 as accepted pay scale.
H
828 SUPREME COURT REPORTS 12004] 3 S.C.R.

A We have noticed hereinbefore that the State issued an executive
instruction directing that not only the fresh recruits shall be entitled to the
pay scale of Rs. 635-950, but also the graduate officers working even prior
to 1.4. l 981 would be eligible therefor. We have furthermore noticed that by
reason of an amendment in the rules made in terms of notification dated
5.9.1984, the employees holding a degree as also the new recruits were to be
B placed in the said scale of pay.

ISSUE:

The primal question which arises for consideration is whether the
C aforementioned order of the State Government is discriminatory in nature.

FINDINGS:

The Pay Commissions are constituted for evaluating the duties and
functions of the employees and the nature thereof vis-a-vis the educational
D qualifications required therefor. Although the Pay Commission is considered
to be an expert body, the State in its wisdom and in furtherance of a valid
policy decision may or may not accept its recommendations. The State in
exercise of its jurisdiction conferred upon it by the proviso appended to
Article 309 of the Constitution of India can unilaterally make or amend the
E conditions of service uf its employees by framing appropriate rules. The State
in terms of the said provision is also entitled to give a retrospective effect
thereto. A policy decision had been adopted by the State that the post of
Extension Officers shall be filled up only by graduates. Such a policy decision
ex facie cannot be termed to be arbitrary or irrational attracting the wrath of
Article 14 of the Constitution of India. A dying scale was provided by the
p State for the non-graduates. Fresh recruitments were to be made only from
amongst the persons who held the requisite educational qualification. With a
view to avoid any discrimination between the new recruits and the serving
employees who possessed the same qualification, the State cannot be said to
have acted illegally in granting a higher scale of pay also for the existing
degree holders.
G
Article l 4, it is trite, does not forbid a reasonable classification.

Article 14 forbids class legislation but permits reasonable classification
subject to the conditions that it is based on an intelligible diffrrentia and that
H the di fferentia must have a rational relation to the object sought to be achieved.
CHATTISGARH RURAL AGRI. EXTENSION OFFICERS ASSON. 1·. STATE (SINHA, .I.] 829

(See Saurabh Chaudri and Ors. v. Union of India and Ors., (2003) 9 SCALE A
272.

Constitutional interpretation is a difficult task. Its concept varies from
statute to statute, fact to fact, situation to situation and subject matter to
subject matter. A classification based on educational qualification has been
applied by a Constitution Bench of this Court as far back as in I 968 in P. B
Narasinga Rao (supra), wherein it was observed:

"It is well settled that though Article I 4 forbids class legislation, it
does not forbid reasonable classification for the purpose of legislation.
When any impugned rule or statutory provision is assailed on the
ground that it contravenes Article 14, its validity can be sustained if C
two tests are satisfied. The first test is that the classification on which
it is founded must be based on an intelligible differentia which
distinguishes persons or things grouped together from others left out
of the group, and the second test is that the differentia in question
must ·have a reasonable relation to the object sought to be achieved D
by the rule or statutory provision in question. In other words, there
must be some rational nexus between the basis of classification and
the object intended to be achieved by the statute or the rule. As we
have already stated. Articles I 4 and 16 form part of the same
constitutional code of guarantees and supplement each other. In other
words, Art. 16 is only an instance of the application of the general E
ruk of equality laid down in Art. 14 and it should be construed as
such. Hence there is no denial of equality of opportunity unless the
person who complains of discrimination is equally situated with the
person or persons who are alleged to have been favoured. Article 16
( (I) does not bar a reasonable classification of employees or reasonable F
~ tests for their selection."

The said dicta was applied by this Cou1t in Mewa Ram Kanojia (supra),
stating :

. "5. While considering the. question of applicatio~ of prindple of G
·Equal pay for equal work' 1t has to be borne m mmd that 1t 1s open
to the State to classify employees on the basis of qualifications, duties
and responsibilities of the posts concerned. If the classification has
reasonable nexus with the objective sought to be achieved, efficiency
in the administration, the State would be justified in prescribing
different pay scale but if the classification does not stand the test of H
830 SUPREME COURT REPORTS [2004] 3 S.C.R.

A reasonable nexus and the classification is founded on unreal, and
unreasonable basis it would be violative of Articles 14 and 16 of the
Constitution. Equality must be among the equals. Unequal cannot
claim equality."

The piinciple was reiterated in V. Markendeya (supra), observing :
B
"13. In view of the above discussion we are of the opinion that where
two classes of employees perform identical or similar duties and
carrying out the same functions with the same measure of responsibility
having same academic qualification, they would be entitled to equal
pay. If the State denies them equality in pay, its action would be
c violative of Articles 14 and 16 of the Constitution, and the court will
strike down the discrimination and grant relief to the aggrieved
employees. But before such relief is granted the court must consider
and analyse the rationale behind the State action in prescribing two
different scale of pay. If on an analysis of the relevant rules, orders,
nature of duties, functions, measure of responsibility, and educational
D
qualifications required for the relevant posts, the court finds that the
classification made by the State in giving different treatment to the
two classes of employees is founded on rational basis having nexus
with the objects sought to be achieved, the classification must be
upheld. Principle of equal pay for equal work is applicable among
E equals, it cannot be applied to unequals. Relief to an aggrieved person
seeking to enforce the principles of equal pay for equal work can be
granted only after it is demonstrated before the court that invidious
discrimination is practised by the State in prescribing two different
scales for the two classes of employees without there being any
reasonable classification for the same. lfthe aggrieved employees fail
F
to demonstrate discrimination, the principle of equal pay for equal
work cannot be enforced by court in abstract. The question what
scale should be provided to a particular class of service must be left
to the executive and only when discrimination is practised amongst
the equals, the court should intervene to undo the wrong, and to
G ensure equality among the similarly placed employees. The court
however cannot prescribe equal scales of pay for different class of
employees."

A Bench of three Judges in which two of us were parties reiterated the
same principle in Tarun K. Roy and Ors. (supra).
H
CHA TTISGARH RURAL AGRI. EXTENSION OFFICERS ASSON. r. STATE [SINHA J.] 831
,; The aforementioned decisions are authorities for the proposition that A
despite the fact that the employees have been performing similar duties and
functions and th~ir posts are interchangeable, a valid classification can be
made on the basis of their educational qualification. The observation of Krishna
Iyer, J. in V Balasubramanyam (supra) although is interesting but it appears
that the fact of the matter involved therein did not warrant application of the
said principle.
B

The view of Subba Rao, J. in Lachhman Dass v. State of Punjab a;id
Ors., AIR (1963) SC 222 was a minority view. Venkatarama Aiyar, J. therein
speaking for the majority held :

" ... The law is now well settled that while Art. 14 prohibits
c
discriminatory legislation directed against one individual or class of
individuals, it does not forbid reasonable classification, and that for
this purpose even one person or group of persons can be a class.
Professor Willis says in his Constitutional Law p.580 "a law applying
to one person or one class of persons is constitutional if there is D
sufficient basis or reason for it''. This statement of the law was
)
approved by this Court in Chiranjit Lal Chowdhury v. Union ofIndia,
'1 [1950] SCR 869: AIR (1951) SC 41. There the question was whether
a law providing for the management and control by the Government,
of a named company, the Sholapur Spinning & Weaving Company
Ltd. was bad as offending Art. 14. It was held that even a single
E
Company might, having regard to its features, be a category in itself
and that unless it was shown that there were other Companies similarly
circumstanced, the legislation must be presumed to be constitutional
and the attack under Art. 14 must fail. In Ram Krishna Dalmia v. S.R.
( Tendolkar, [1959] SCR 279 at p. 297: AIR (1958) SC 538 at p. 547 F
.-1, this Court again examined in great detail the scope of Art. 14, and in
enunciating the principles applicable in deciding whether a law is in
contravention of that Article observed :

"that a law may be constitutional even though it relates to a single
individual if on account of some special circumstances or reasons G
applicable to him and not applicable to others that single individual

..
~
may be treated as a class by himself."

Furthermore, as noticed hereinbefore, a valid classification based on
educational qualification for the purpose of grant of pay has been upheld by
H
832 SUPREME COURT REPORTS [2004] 3 S.C.R.

A the Constitution Bench of this Court in P. Narasinga Rao (supra).
In B. Basava/ingappa (supra), a two-Judge Bench of this Court did not
notice the earlier binding precedents of this Court. In fact one of them, K.N.
Singh, J., as the learned Chief Justice then was, was a party to the subsequent
decision in Mewa Ram Kanojia (supra). In that case no material was brought
B on records on the basis of which it could be contended that there was any
substantial difference at that time between the two classifications although
they were described differently. It was in that situation observed :

" ... It was argued that a diploma is a higher qualification than a
certificate. But neither there is any curriculum on record nor any
c other material to draw that inference. On the contrary this circumstance
that at the time when respondent was recruited a diploma holder or
a certificate holder both were entitled to be recruited as an Instructor
on the same pay scale indicates that in those days the two were
considered to be alike."
D
In Pramod Bhartiya (supra), Jeevan Reddy, J. categorically held that
burden to prove that a discrimination has been committed is upon the
petitioners. In that case petitioners failed to discharge their burden. 't

Yet again in Shyam Babu Verma (supra), N.P. Singh, J. speaking for a
E three-Judge Bench observed :
" ... The nature of work may be more or less the same but scale of pay
may vary based on academic qualification or experience which justifies
classification. The principle of 'equal pay for equal work'should not
be applied in a mechanical or casual manner. Classification made by
F a body of experts after full study and analysis of the work should not
be disturbed except for strong reasons which indicate the classification
made to be unreasonable. Inequality of the men in different groups
excludes applicability of the principle of 'equal pay for equal work'
to them ... "
G True it may be that when recommendations are made by a Pay
Commission, evaluation of job must be held to have been made but the same
by itself may not be a ground to enforce the recommendations by issuing a
writ of or in the nature of mandamus although the State did not accept the
same in toto and made rules to the contrary by evolving a policy decision
H which cannot be said to be arbitrary or discriminatory.
CHA TTISGARH RURAL AGRL EXTENSION OFFICERS ASSON. v. STATE[SINHA. J.] 833

For the reasons aforementioned, we are of the opinion that no case has A
been made for our interference with the impugned judgment. The appeal is
dismissed accordingly. No costs.

K.K.T. Appeal dismissed.