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2006 DIGILAW 345 (RAJ)

Babu Singh v. State of Rajasthan

2006-02-02

R.S.CHAUHAN, S.N.JHA

body2006
Judgment 1. In this writ petition the petitioner seeks a direction in the nature of “equal pay for equal work”. According to the petitioner, having regard to the fact that similar duties are performed by their counterparts in the Delhi High Court, he should get the same pay. Law is well settled that while exercising the power of judicial review under Article 226 of the Constitution of India, the High Court is not supposed to interfere in matters of pay scale. As held by the Supreme Court recently in State of U.P. vs. Section Officer Brotherhood & Anr., 2004 (8) SCC 286 , the remedy available to them is to make a representation to the Chief Justice on the Administrative side. We cannot issue a direction in the matter of pay scale merely on the basis of nomenclature of post. Fixation of pay scale is a complex mechanism and depends on variety of factors and it cannot be done judicially. Thus, while declining to interfere in the matter, we permit the petitioner to make representation in respect of his grievance, if so advised. 2. The petition stands disposed of .