The Delhi High Court has dismissed a long-standing plea by laboratory technicians employed in Municipal Corporation of Delhi (MCD) hospitals seeking pay parity with their counterparts under the Central Government.
A Division Bench of Justice Anil Kshetrapal and Justice Amit Mahajan ruled that differences in educational qualifications at the time of recruitment were significant enough to deny the claim of “equal pay for equal work.”
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The court was hearing a writ petition filed by the Delhi Medical Technical Employees Association challenging orders of the Central Administrative Tribunal (CAT).
Background of the Case
The dispute dates back nearly two decades. The association, representing laboratory technicians in MCD hospitals, had sought the pay scale of ₹5000–8000 with effect from January 1, 1996, in line with the recommendations of the Fifth Central Pay Commission (5th CPC).
They argued that similarly designated laboratory technicians working under the Central Government - including those in premier institutions - were granted the higher pay scale.
The matter was initially filed before the High Court in 2005 and later transferred to the Central Administrative Tribunal in 2017. In November 2018, the Tribunal rejected the claim. A review petition was also dismissed in April 2019.
The association then approached the High Court under Article 226 of the Constitution.
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What the Petitioners Argued
Counsel for the association contended that denying the 5th CPC pay scale was arbitrary and discriminatory. According to them, the nature of duties performed by MCD laboratory technicians was similar to those working under the Central Government.
They also argued that any changes in educational qualifications recommended by the 5th CPC were meant for future recruits and should not affect existing employees.
The petitioners further pointed to earlier affidavits filed by MCD suggesting that amendments to recruitment rules were under consideration, claiming this supported their demand.
MCD’s Stand
Appearing for the Municipal Corporation, government counsel made a key distinction.
The court was told that laboratory technicians in MCD hospitals are required to possess a Matriculation (Class 10) qualification. In contrast, laboratory technicians under the Central Government must hold a Bachelor of Science (B.Sc.) degree.
It was also argued that recommendations of Central Pay Commissions do not automatically apply to municipal bodies unless formally adopted.
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Court’s Observations
During the hearing, the Bench focused on the difference in educational qualifications.
“The principle of equal pay for equal work cannot be applied in the abstract,” the court observed, noting that designation alone is not decisive.
Relying on the Supreme Court’s judgment in State of Bihar v. Bihar Secondary Teachers Struggle Committee, the Bench reiterated that pay parity requires a “wholesale identity” in recruitment, qualifications, and service conditions.
The judges explained that educational qualifications form a valid basis for classification. A person entering service with a B.Sc. degree cannot be equated automatically with someone entering with a Matric qualification, even if the job title appears similar.
The court also clarified that the principle of “equal pay for equal work” is not a fundamental right but a constitutional goal. It can be invoked only where there is complete identity between two groups.
On the argument that recruitment rules were proposed to be amended, the Bench was firm. “A proposal does not create an enforceable legal right,” it said.
Addressing the issue of alleged pay anomalies between feeder and promotional posts, the court noted that such matters fall within the domain of expert bodies like the Anomalies Committee or a Pay Commission - not the writ court.
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Decision
After examining the Tribunal’s reasoning, the High Court found no illegality or perversity in its orders.
“In view of the admitted difference in educational qualifications in recruitment criteria… this Court finds no merit in the Petitioners’ claim for pay parity,” the Bench held.
The writ petition was dismissed, and the Tribunal’s orders dated November 21, 2018 and April 25, 2019 were upheld.
The matter now stands closed.
Case Title: Delhi Medical Technical Employees Association (Regd.) & Anr. v. Union of India & Ors.
Case No.: W.P.(C) 12205/2019
Decision Date: February 03, 2026
