Equal pay for equal work is not a fundamental right. The Supreme Court of India has quashed a judgment of the Delhi High Court. However, the observation is that the government should make arrangements to ensure equal pay for equal work.
RD Sharma recently retired from a high post in the Forest Department of Madhya Pradesh. As a Higher Administrative Grade, he started getting a pension of Rs. 36,500. However, he claimed that according to the Indian Forest Service (PA) Second Amendment Rules, 2006, he should get a pension of Rs 40,000. To this end, he approached the Central Administrative Tribunal (CAT).
A bench of Justice DY Chandrachur and Justice Bella M Trivedi, while passing judgment in the case, said that independent bodies like Pay Commission have been given the right to decide on the field of work, salary, etc. So it is up to the government to decide on issues like salary, pension or remuneration. This should be done in accordance with the recommendations of such organizations. Getting the same pay for the same work is not a fundamental right. But the government should make arrangements to ensure that.
