The Himachal Pradesh High Court reiterates conditions of ‘Equal Pay for Equal Work’

The petitioner was appointed as Assistant Librarian in Rajiv Gandhi Government Post Graduate Ayurvedic College, Paprola (“College”). On January 1, 2006, the petitioner started seeking parity with the Assistant Librarians in the Education Department of the State. The State contended that parity cannot be established as every department has its own separate rules. The petitioner contended that, he was selected by the same process by which the Assistant Librarians in the Education Department are selected.

The duties and function discharged by the petitioner are more onerous than his counter parts in Education Department. The incumbent in both the departments holding the posts of Assistant Librarians are having the same educational qualification and identical conditions of service, therefore by following the principle of equal pay for equal work, the petitioner is entitled to receive the same pay and benefits.

The Court while relying on the Supreme Court’s judgement in the State of Madhya Pradesh and others versus Ramesh Chandra Bajpai, reported in (2009) 13 Supreme Court Cases 635, observed that, it is well settled that the doctrine of equal pay for equal work can be invoked only when the employees are similarly situated. Similarity in the designation or nature or quantum of work is not determinative of quality in the matter of pay scales. The Court has to consider the factors like the source and mode of recruitment/ appointment, qualifications, the nature of work, the value thereof, responsibilities, reliability, experience, confidentiality, functional need, etc. The functions may be the same but the skills and responsibilities may be really and substantially different. The other post may not require any higher qualification, seniority or other like factors. Granting parity in pay scales depends upon the comparative evaluation of job and equation of posts. The person claiming parity, must plead necessary averments and prove that all things are equal between the concerned posts.

Considering this the Himachal Pradesh High Court dismissed this CWPOA No. 1720 of 2020 vide order dated 20.05.2025, stating that, in order to seek benefits of principle of equal pay for equal work, the petitioner is required to justify his stand by producing the relevant data, while the same being absent, petition can be said to lack merit and is liable to be dismissed.