Nimai Biswas and others Vs Chief Secretary and others (Calcutta High Court)
The Calcutta High Court allowed a writ petition seeking pay parity between Tax Collectors of the Port Blair Municipal Council and Tally Clerks under the Port Management Board, Andaman and Nicobar Administration. A Coordinate Bench, by order dated 19.03.2021 in WPA/106/2019, had held that the Tax Collectors performed the same nature of work as the Tally Clerks, whose pay was admittedly higher.
That decision was upheld by a Division Bench on 30.01.2024 in MAT/36/2023. The Administration opposed parity, contending that the Tax Collectors’ work differed from that of Tally Clerks. However, the Court noted the respondents’ admission in their affidavit that the Tally Clerks performed the same duties and had similar qualifications as the petitioners, while parity was opposed on the ground that there was no formal administrative approval.
Applying the doctrine of equal pay for equal work, the Court directed the respondents to bring the Tax Collectors’ salary, pay and emoluments at par with those of the Tally Clerks. The parity was made effective from 19.03.2021. The revised pay was to be communicated within 30 days, and salary arrears from 2021 were directed to be paid within two months of communication of the order. The writ petition was accordingly allowed.
FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT
1. The subject matter of instant writ petition is parity of pay between the writ petitioners who are Tax Collectors under the Port Blair Municipal Council and that of Tally Clerks under the Port Management Board, Andaman and Nicobar Administration. A Coordinate Bench has held in WPA/106/2019 by a judgment and order dated 19.03.2021 that the Tax Collectors like the writ petitioners are performing the same nature and work/job as the Tally Clerks under the Port Management Board. Yet the pay of the Tally Clerks is admittedly, higher than the Tax Collectors.
2. The said decision was upheld by a Division Bench of this Court on 30.01.2024 in MAT/36/2023.
3. The petitioners therefore seek the scale of pay applicable to Tally Clerks in the Port Management Board, A & N Administration.
4. The petitioners base their claim on the doctrine of equal pay for equal work.
5. Learned counsel for the Administration has vehemently opposed the prayer of the petitioner and submits that the petitioners were engaged as Tax Collector by the Port Blair Municipal Council cannot claim parity of pay with the Tally Clerks of Port Management Board since their work is different and the latter performed wide range of other services.
6. This Court however notes that at paragraph 10 of the affidavit-in-opposition, the respondents have admitted that the Tally Clerks under Port Management Board, A & N Administration performed the same duties and have similar qualification as the petitioners. It is however submitted that pay party cannot be given since there is no formal approval of the Administration in this regard.
7. Having carefully heard the learned counsel for the petitioners and the respondents, this Court is of the view that the doctrine of equal pay for equal work mandates that the Tax Collectors of the Port Blair Municipal Council who admittedly perform absolutely the same duties as that of Tally Clerks under the Port Management Board, A & N Administration and therefore they must be given the same pay scale. There shall be a writ of mandamus directing the respondents to bring the salary pay and emoluments of the Tax Collectors under the Port Blair Municipal Council at par with that of the Tally Clerks under the Port Management Board.
8. The order of directing equal pay to the writ petitioners as available to the Tally Clerks under the Port Management Board, A & N Administration shall be effective on and from 19.03.2021 i.e. the date when WPA/106/2019 was disposed of.
9. The pay sale of the writ petitioners shall be revised accordingly and the same may be communicated to them within thirty days from date.
10. Consequently let all arrears from 2021 be paid to the writ petitioners being the difference of salary to the Tally Clerks under Port Management Board within a period of two months from the date of communication of copy of this order.
11. The writ petition is allowed and disposed of. There shall be no order as to costs.
12. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.
