Saturday, 7 November 2026 कौन ज़िम्मेदार?
कौन ज़िम्मेदार?KaunZimmedar

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Supreme Court: equal pay doctrine cannot be applied mechanically

The case concerns whether Higher Secondary School Teachers (HSST, Jr.) in Kerala who were directly recruited are entitled to the same full-time pay scale as those appointed by transfer or promotion, despite performing identical duties.

The core issue is whether the 'equal pay for equal work' doctrine applies mechanically or if differences in experience and recruitment mode justify a pay disparity.

Who it concerns: Appellants: G.P. Sangeetha and others (directly recruited HSST, Jr. teachers); Respondents: State of Kerala and others; Bench: Justice Dipankar Datta.

What the court decided

  • The Court held that the 'equal pay for equal work' doctrine cannot be applied mechanically.
  • The Court ruled that experience and the mode of appointment (promotion/transfer vs. direct recruitment) constitute a valid differentia to justify pay differences.
  • The Court affirmed that the Division Bench of the High Court of Kerala was correct in reversing the Single Judge's order that had granted the appellants full-time pay scales.
  • The Court noted that the appellants (direct recruits) are 'freshers' whereas the promoted teachers had prior service as full-time teachers, justifying the retention of their status and benefits.

Also in the document

  • The judgment is marked as 'REPORTABLE'.
  • The Court distinguished between the legal interpretation of equal pay in the 20th century (broader anti-exploitation principle) and the 21st century (strict test based on service rules, recruitment source, and experience).
  • The Court cited that the Special Leave Petition in 'State of West Bengal v. Anirban Ghosh' was dismissed by the Supreme Court on 16th July, 2024.

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The original document

Supreme Court of India — orders & judgments

Court order · Ref. SLP against that decision had been dismissed by the Supreme Court. The bench, howev · 17 Sep 2026

Order 17 Sep 2026 · 0.2 MB Open the document On livelaw.in ↗
Read it here

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