Tag Archives: Qualifications

Parity in Pay Scales – Equation of Posts

Granting parity in pay scales depends upon the comparative evaluation of job and equation of posts, it was held in SAIL v. Dibyendu Bhattacharya, (2011) 11 SCC 122,  as under:

“the law on the issue can be summarised to the effect that parity of pay can be claimed by invoking the provisions of Articles 14 and 39(d) of the Constitution of India by establishing that the eligibility, mode of selection/recruitment, nature and quality of work and duties and effort, reliability, confidentiality, dexterity, functional need and responsibilities and status of both the posts are identical. 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 posts concerned. Such a complex issue cannot be adjudicated by evaluating the affidavits filed by the parties.”

 It was held in Union of India v. P.K. Roy, AIR 1968 SC 850 that the following factors had been held to be determinative for considering the equation of posts,:

1. The nature and duties of a post;

2. The responsibilities and powers exercised by the officer holding a post, the extent of territorial or other charge held or responsibilities discharged;

3. The minimum qualifications, if any, prescribed for recruitment to the post; and

4. The salary of the post.

After referring to Union of India v. P.K. Roy, AIR 1968 SC 850,  the Hon’ble Apex Court, in  SAIL v. Dibyendu Bhattacharya, (2011) 11 SCC 122, held as under:

25. In  State of Maharashtra v. Chandrakant Anant Kulkarni, (1981) 4 SCC 130 and  L.N. Mithila University v. Dayanand Jha, (1986) 3 SCC 7, a similar view has been reiterated observing that equal status and nature and responsibilities of the duties attached to the two posts have to be taken into consideration for equivalence of the post. Similar view has been reiterated in  E.P. Royappa v. State of T.N., (1974) 4 SCC 3 Rooplal v. Lt. Governor, (2000) 1 SCC 644, wherein the Hon’ble Apex Court following the earlier judgment in  Union of India v. P.K. Roy, AIR 1968 SC 850 held that the salary of the post alone may not be a determining factor, the other three criteria should also be fulfilled.” Punjab SEB v. Thana Singh, (2019) 4 SCC 113.

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Eligibility for Selection – Possession of Prescribed Qualification

The principle enunciated by the Hon’ble Supreme Court in State of U.P. v. Vijay Kumar Mishra, (2017) 11 SCC 521 are as under:
“The position is fairly well settled that when a set of eligibility qualifications are prescribed under the rules and an applicant who does not possess the prescribed qualification for the post at the time of submission of application or by the cut-off date, if any, prescribed under the rules or stated in the advertisement, is not eligible to be considered for such post. It is relevant to note here that in the rules or in the advertisement no power was vested in any authority to make any relaxation relating to the prescribe qualifications for the post. Therefore, the case of a candidate who did not come within the zone of consideration for the post could not be compared with a candidate who possessed the prescribed qualifications and was considered and appointed to the post. Ramesh Chand v. State of Haryana, (2017) 11 SCC 516.

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Appointment of an Impartial Arbitrator

It is settled that in exercise of jurisdiction under Section 11 of the Arbitration and Conciliation Act, the Court is to enforce terms of agreement for securing appointment of arbitrator. However, it is not denuded of jurisdiction to follow a different course, for justifiable cause, by giving reasons. Different contingencies requiring such departure have clearly been noticed. The ultimate object is to secure appointment of an impartial arbitrator and secure speedy resolution of dispute by way of arbitration. The scheme underlying the Arbitration and Conciliation Act has to be construed by harmoniously interpreting its provisions. It is imperative for the court to examine qualification and impartiality of arbitrator as well as to secure speedy resolution of dispute. The terms of arbitration agreement providing for arbitrator to be named by designation cannot be read in isolation. It also cannot be construed in a manner inconsistent with the scheme of the Act. The question is answered holding that an application under Section 11(6) of the Arbitration and Conciliation Act would lie also in a case where arbitrator is named, by designation, where (i) arbitrator named is not impartial, or (ii) he lacks required qualification, or (iii) for any other justifiable cause to secure speedy resolution of dispute, by way of a reasoned order. M/s AARGEE Engineering and Company v. ERA Infra Engineering Ltd., 2017 (122) ALR 179.

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