Pay And Pay Scale - Definition - Law Dictionary Home Dictionary Definition pay-and-pay-scale

Definition :

Pay and pay scale, are conceptually different connotations. Pay is essentially a consideration for the services rendered by an employee and is the remuneration which is payable to him. Remuneration is the recurring payment for services rendered during the tenure of employment. Pay and salary are necessarily not interchangeable concepts. Their meanings vary depending upon the provision providing for them. Pay means the amount drawn monthly by a Government servant as - (i) the pay, other than special pay or pay granted in view of his personal qualifications, which has been sanctioned for a post held by him substantively or in an officiating capacity, or to which he is entitled by reasons of his position is a cadre, and (ii) overseas pay, special pay and personal pay, and (iii) any other emoluments which may be specially classed as pay by the president.' A pay scale has different stages starting with initial pay and ending with ceiling pay. Each stage in the scale is commonly referred to a basic pay. The emoluments which an employee gets is not only the basic pay at a particular stage, but also the additional amounts to which he is entitled as allowances e.g. D.A. etc. The basic feature is that the fitment or fixation of pay in a particular scale must be such as to ensure that the total emoluments are not reduced, State Bank of India v. K.P. Subbaiah, AIR 2003 SC 3016.

In service jurisprudence the expressions 'pay' and 'pay-scale' are conceptually different connotations. Pay is essentially a consideration for the services rendered by an employee and is the remuneration which is payable to him. Remuneration is the recurring payment for services rendered during the tenure of employment. Pay and salary are necessarily not interchangeable concepts. Their meanings vary depending upon the provision providing for them, State Bank of India v. K.P. Subbaiah, (2003) 11 SCC 646 (654).