26 April 2024 Employment, Labor & Service >> Corporate Law  

Jail guards in Goa seeking equal pay with police constables in the state faced a setback recently as the High Court dismissed their petition.

Background:

The crux of the case involved the jail guards' argument that their duties and initial educational qualifications (passed Secondary School Certificate Examination or SSCE) mirrored those of police constables. However, the court's decision hinged on key distinctions between the two roles.

Court's Reasoning:

• The judge acknowledged a report by an Ombudsman which concluded that jail guards' duties, while potentially involving risk, are not identical to those of police constables.
• Educational qualifications for the positions differed. Currently, police constables require graduation, while some physical fitness requirements for the roles have always been distinct. These variations rendered the "equal pay for equal work" principle inapplicable.
• The court underlined its limited authority in setting pay scales, recognizing it as an executive function of the government.

Government's Response:

• The government acknowledged the jail guards' petition but cited financial limitations and the need for expert evaluation before any pay scale adjustments.
• An affidavit submitted by the government hinted at a potential future pay raise for jail guards, but the court order itself doesn't guarantee this.

Conclusion:

The court dismissed the petitions due to the differences in job duties and qualifications. However, the court's order acknowledges the government's potential future decision to address jail guards' pay concerns.