IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
Saroj Kumari – Appellant
Versus
State Of Hp – Respondent
Jiya Lal Bhardwaj, J.
By way of present petition, the petitioner has prayed that the respondents may be directed to pay and release the revised pay scale amounting to Rs.4400-7000/- in her favour, at par with Male/Female Multipurpose Health Workers in the Department of Health and Family Welfare, Government of Himachal Pradesh, from the due date.
2. Shorn of unnecessary details, key facts for adjudication of the case are that the petitioner was offered appointment as Auxiliary Nurse Midwife by the respondents State in the pay scale of Rs.950-1800/- on 25.07.2000. It has been averred in the petition that the State Government has equated the Auxiliary Nurse Midwives (hereinafter referred as ANMs) working in the Department of Health with the Male/Female Multipurpose Health Workers working in the Department of Ayurveda for the purpose of qualification as well as appointment.
3. The respondents-State vide office memorandum dated 03.03.2000 (Annexure P-3) had revised the pay scale of the post of Male/Female Multipurpose Health Workers from Rs.950-1800/- to Rs.4400-7000/-, w.e.f. 01.09.1998 and the pay scale of the category of the petitioner was not revised and they were being
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Pay scales and post classification are executive's exclusive domain; courts refrain from equating posts absent grave error proof. Equal pay demands identical duties/responsibilities, not just qualifi....
The determination of pay scales is the exclusive domain of the state, and courts should only intervene in cases of constitutional violations.
Direct appointees entitled to pay parity with transferred employees and departmental counterparts performing identical duties, as unequal pay scales violate Articles 14/16; courts rectify arbitrary a....
The principle of equal pay for equal work under Articles 14 and 39(d) of the Constitution mandates that employees performing similar duties be compensated equally, regardless of title discrepancies.
It is well settled that normally the courts should not interfere with recommendations of an expert body, as it is exclusive domain of State to decide pay scales to be paid to a particular class/categ....
The principle of 'equal pay for equal work' applies to cases of unequal pay scales based on no classification or irrational classification, and persons discharging identical duties cannot be treated ....
The burden of proof for establishing pay parity lies with the employee claiming discrimination, and judicial review in pay matters is limited to unreasonable administrative actions.
The State of Himachal Pradesh is not mandated to follow pay scales set by another State; employer discretion in service conditions is reaffirmed.
The court emphasized the importance of maintaining equivalency and analogousness in pay scales for similar positions as per the decision of the Executive Council.
(1) Grant of benefits of higher pay scale to Central/State Government employees stand on different footing than grant of pay scale by an instrumentality of State.(2) Classification on the basis of qu....
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