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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
JIYA LAL BHARDWAJ
Pyar Chand Sharma – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
JIYA LAL BHARDWAJ, J.
1. By way of present petition, the petitioner has prayed for the following substantive reliefs:-
“(i). That writ in the nature of certiorari may very kindly be issued by quashing and setting aside impugned rejection order dated 16.03.2012, Annexure P-8, being illegal and arbitrary.
(ii). That writ in the nature of mandamus may very kindly be issued, directing the respondents to step up the pay of the petitioner so as to make it equal to the figure of his juniors right from the date, i.e., 01.01.1996, the juniors of the petitioner S/Shri Rupa Ram and Bardas Kashyap have drawn more pay than the petitioner.
(iii). That writ in the nature of mandamus may very kindly be issued, directing the respondents to pay all the arrears accrued to the petitioner with interest @ 12% per annum thereon, from the date of becoming due till its realization.”
2. Shorn of unnecessary details, the key facts are that the petitioner was appointed as Forest Ranger with the respondent-Department on 30.12.1961 in the pay-scale of Rs.100-10-200/10-300 and, thereafter promoted to the cadre of Himachal Pradesh Forest Service Officers, (hereinafter referred as HPFS) w.e.f. 23.01.1982 and
The principle that a senior employee cannot receive less pay than a junior is upheld, prompting the court to direct equal pay adjustments based on established seniority and promotion timelines.
A government employee senior in service must not receive lesser pay than a junior in the same cadre, and the absence of justifiable reasons for pay disparity constitutes a violation of constitutional....
While Implementing scheme, difference in pay scales on account of grant of financial upgradation under old ACP Scheme (15.12.1998) under this scheme within same cadre shall not be construed as an ano....
Equal pay for equal work must consider seniority, qualifications, and nature of work, establishing that discrimination against meritorious employees is unconstitutional.
Entitlement of a senior employee to stepping up of pay equal to that of a junior employee, conditions for stepping up of pay, and the applicability of various judgments related to equal pay for equal....
Seniors are entitled to stepping up of pay to match juniors when an anomaly arises due to pay fixation schemes, as established by precedent.
The principle of stepping up pay must be applied when seniors in the same cadre are receiving lower salaries than their juniors, ensuring equitable pay that adheres to constitutional mandates.
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