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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
Chain Singh – Appellant
Versus
State of H.P – Respondent
| Table of Content |
|---|
| 1. disparity in pay and entitlement due to service background. (Para 2 , 3 , 4 , 5 , 6) |
| 2. denial of pay parity lacks justification. (Para 7 , 8 , 10) |
| 3. court highlights absence of justification for pay disparity. (Para 9 , 11 , 14) |
| 4. senior must not receive lower pay than junior in same cadre. (Para 12 , 13) |
| 5. court orders adjustment of pay based on previous findings. (Para 18 , 19) |
Jiya Lal Bhardwaj, J.
The petitioner has filed the instant petition, praying therein for the following substantive reliefs:-
“i) That the impugned action of the respondent education department rejecting the claim of the petitioner for stepping up his pay at par with his junior proforma respondent No.5 vide impugned orders dated 2.1.2009 Annexure P-6 be declared unreasonable, harsh, discriminatory and arbitrary, against the provisions of service jurisprudence and ultra vires to the Constitution.
ii) That the impugned orders dated 2.1.2009 Annexure P-6 rejecting the claim of the petitioner for grant of step up of pay may kindly be quashed and set aside being unjust, illegal, arbitrary, against all canons of law and Principle of Natural Justice, in colorable exercise of powers and in
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....
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.
Senior's pay must be stepped up to match junior's in same cadre/identical posts when anomaly arises from FR 22(I)(a)(1) application and pay fixation options, per DOP&T guidelines.
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....
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.
Seniors are entitled to pay parity with juniors unless the junior's higher pay is due to advance increments or similar exceptions, which were not established in this case.
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