Supreme Court rejects plea by ex State Vigilance Commissioner for equivalent pay with Chief Secy

New Delhi: The Supreme Court has rejected a plea by Nagaland's former State Vigilance Commissioner to grant him equivalent pay scale with that of Chief Secretary, holding the principle of equal pay for equal work is not applicable to a situation where there is only one post.

A bench of Justices Hima Kohli and Sandeep Mehta dismissed an appeal by retired IAS officer Metongmeren AO, appointed as State Vigilance Commisioner of Nagaland in 2006, seeking parity of pay scale equivalent to the rank of Chief Secretary of the State.

"Merely because at some point in time, the State Vigilance Commissioners appointed before the appellant were getting the pay scale as the Chief Secretary, that by itself would not form a precedent so as to entitle the appellant to claim the same pay scale," the court said.

The bench also noted the appellant unreservedly accepted the pay scale offered to him by a notification of June 21, 2006.

The court held as just and proper, the Gauhati High Court's division bench order reversing the single bench order allowing his plea.

"Having voluntarily accepted the offer with open eyes, it does not lie in the mouth of the appellant to claim that he should be offered a higher pay scale equivalent to the pay scale of the Chief Secretary of the State. The appellant was not obliged to join the post if the pay scale being offered was not acceptable to him," the bench said.

His counsel also sought to invoke the principle of equal pay for equal work in an endeavor to seek the reliefs claimed in this appeal.

"We feel that such a prayer is misconceived and the principle of equal pay for equal work is not applicable to the situation at hand for the simple reason that there is only one post of State Vigilance Commissioner in the State of Nagaland, and is not as if some other State Vigilance Commissioner in the State was drawing a higher pay scale then what was offered to the appellant during the same period," the bench said.

Upon his representations, the court also noted the state government set up a committee which enhanced his pay scale of Rs 22,400- 525-24,500 pm.

"However, it would be relevant to note that the committee did not recommend granting the pay scale equivalent to that of the Chief Secretary to the appellant," the bench said.