TMI Blog1982 (2) TMI 314X X X X Extracts X X X X X X X X Extracts X X X X ..... o direct the respondents to give him his due, the same as they have given others like him. True, he is the merest microbe in the mighty organism of the State, a little clog in a giant wheel. But, the glory of our Constitution is that it enables him to a directly approach the highest Court in the land for redress. It is a matter of no little pride and satisfaction to us that he has done so. Hitherto the equality clauses of the Constitution, as other articles of the Constitution guaranteeing fundamental and other rights, were most often invoked by the privileged classes for their protection and advancement and for a 'fair and satisfactory' distribution of the buttered leaves amongst themselves. Now, thanks to the rising social and political consciousness and the expectations roused as a consequence, and the forward- looking posture of this Court, the underprivileged also are clamouring for their rights and are seeking intervention of the Court with touching faith and confidence in the Court. The judges of the Court have a duty to redeem their constitutional oath and do justice no less to the pavement dweller than to the guest of the five star hotel. The petitioner is a Dri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of pay of the police personnel, the Pay Commission failed to consider the drivers as a separate category and ignored the special considerations which prevailed in the case of drivers in other departments and which should have, therefore, prevailed in the case of driver-constables also. The drivers-constables were not only required to possess heavy transport driving licence, they were further required to undergo a test of proficiency in driving before they were appointed as driver constables in the police force. Their duties were no less arduous and their responsibilities no less heavy than the duties and responsibilities of drivers in other departments. Their hours of work were long and inconvenient and there was constant exposure to security risks. The petitioner and other driver-constables made a representation to the authorities that their case was omitted to be considered separately by the Pay Commission and that their scales of pay should be the same as the drivers of heavy vehicles in other departments. As their claims for better scales of pay did not meet with any success, the present application has been filed for the issue of a Writ under Art, 32 of the Constitution. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... India for the purpose of fixation of pay scale. A pay scale has been fixed upon consideration of various factors. The pay scales of the drivers of the Delhi Police has been fixed after duly considering all the circumstances. The drivers in the other departments are not similarly situated as the petitioner and there is no question of any hostile discrimination. It is, however, denied that the drivers have been treated as a separate class. It is also denied that the designation of the petitioner is N. T. Driver (Constable)' The counter-affidavit does not explain how the case of the drivers in the police force is different from that of the drivers in other departments and what special factors weighed in fixing a lower scale of pay for them. Apparently in the view of the respondents, the circumstance that persons belong to different departments of the Government is itself a sufficient circumstance to justify different scales of pay irrespective of their identity of their powers duties and responsibilities. We cannot accept this view. If this view is to be stretched to its logical conclusion, the scales of pay of officers of the same rank in the Government of India may vary from dep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l work for both men and women' means equal pay for equal work for everyone and as between the sexes. Directive principles, as has been pointed out in some of the judgments of this Court have to be read into the fundamental rights as a matter of interpretation. Art. 14 of the Constitution enjoins the state not to deny any person equality before the law or the equal protection of the laws and Art. 16 declares that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. These equality clauses of the Constitution must mean some thing to everyone. To the vast majority of the people the equality clauses of the Constitution would mean nothing if they are unconcerned with the work they do and the pay they get. To them the equality clauses will have some substance if equal work means equal pay. Whether the special procedure prescribed by a statute for trying alleged robber-barons and smuggler kings or for dealing with tax evaders is discriminatory, whether a particular Governmental policy in the matter of grant of licences or permits confers unfettered discretion on the Executive, whether the takeover of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers in the Delhi Police Force perform the same functions and duties as other drivers in service of the Delhi Administration and the Central Government. If anything, by reason of their investiture with the 'powers, functions and privileges of a police officer', their duties and responsibilities are more arduous. In answer to the allegation in the petition that the driver-constables of the Delhi Police Force perform no less arduous duties than drivers in other departments, it was admitted by the respondents in their counter that the duties of the driver-constables of the Delhi Police Force were onerous. What then is the reason for giving them a lower scale of pay than others ? There is none. The only answer of the respondents is that the drivers of the Delhi Police Force and the other drivers belong to different departments and that the principle of equal pay for equal work is not a principle which the Courts may recognise and act upon. We have shown that the answer is unsound. The clarification is irrational. We, therefore, allow the Writ Petition and direct the respondents to fix the scale of pay of the petitioner and the drivers-constables of the Delhi Police Force atleast ..... X X X X Extracts X X X X X X X X Extracts X X X X
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