JK 1602251
JK 1602251
JK 1602251
IN
Serial No. 08
Vs
ORDER
(05.03.2024)
(ORAL)
following reliefs:-
02. The background facts under the shade and cover of which
Control Board.
24.04.1999 respectively.
said pay-scale.
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Jammu.
petition.
08. It is being further stated that the posts in question i.e. the
grounds.
record.
“It is well settled that equal pay must depend upon the
nature of work done. It cannot be judged by the mere
volume of work; there may be qualitative difference as
regards reliability and responsibility. Functions may be the
same but the responsibilities made a difference. One
cannot deny that often the difference is a matter of degree
and that there is an element of value judgment by those
who are charged with the administration in fixing the
scales of pay and other conditions of service. So long as
such value judgment is made bona fide, reasonably on an
intelligible criterion which has a rational nexus with the
object of differentiation, such differentiation will not
amount to discrimination. The principle is not always easy
to apply as there are inherent difficulties in comparing and
evaluating the work done by different persons in different
organizations, or even in the same organization.
Differentiation in pay scales of persons holding same posts
and performing similar work on the basis of difference in
the degree of responsibility, reliability and confidentiality
would be a valid differentiation. The judgment of
administrative authorities concerning the responsibilities
which attach to the post, and the degree of reliability
expected of an incumbent, would be a value judgment of
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