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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Ms. Justice Jyotsna Rewal Dua, J
Rajesh Kumar Patil – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
Petitioner is aged 74 years. On 23.01.2025, he represented to the respondents for granting him the benefit of pay scale of Rs.2400-4000/- w.e.f. 01.01.1986 and Rs.2850-4375/- w.e.f. 18.02.1989. The prayer was made on the basis of decision rendered in Kurmo Devi and others Versus The State of Himachal Pradesh and another, CWP(T) No.6082 of 2008 (OA No.2652 of 1999), decided on 26.08.2011. The respondents declined to extend the benefit of the judgment in Kurmo Devi (supra), case in favour of the petitioner on the ground that the applicability of the said judgment had been restricted only to the parties therein. Representation of the petitioner was rejected on 28.02.2025. Feeling aggrieved, the petitioner has instituted this writ petition seeking following substantive reliefs:-
“a). That the impugned order of rejection of the representation of the petitioner dated 28-2-2025 (P-5) passed by the respondents may kindly be quashed and set aside or may kindly be modified by directing the respondent to grant the pay scale as is given to the similar situated persons with all consequential benefits from the date of joining as Project Officer on 26-2-1978.
b). That
The court upheld that claims based on prior judgments are restricted to original parties, and unreasonable delay can bar claims in service-related disputes.
The court established that delays in service-related claims do not bar relief if based on a continuing wrong, and benefits should be calculated from the date of filing the writ petition.
The court established that claims for service-related pay benefits can be limited by considerations of delay and timeliness, adhering to established precedents regarding equal pay and non-discriminat....
The main legal point established in the judgment is the application of delay and laches, the concept of continuing wrong, and the interpretation of the Limitation Act in employee pay-scale disputes.
Compassionate appointments are substantive and entitled to regular pay-scale from the initial appointment date, with arrears limited to three years prior to filing due to delay.
Claims for promotional increments must be raised within a reasonable time, particularly before retirement; delay can bar relief.
Claims for salary differences must be pursued within a reasonable time, and stale claims exceeding three years are not maintainable under Article 226 of the Constitution of India.
The court upheld that employees appointed on compassionate grounds are entitled to be treated as regular employees from their appointment date, ensuring equal pay and benefits as dictated by establis....
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