IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
G.S.SANDHAWALIA, C.J., RANJAN SHARMA
State of Himachal Pradesh – Appellant
Versus
Himachal Pradesh State Co-operative Department Non-Gazetted Employees Association – Respondent
JUDGMENT :
Ranjan Sharma, J.
The State of Himachal Pradesh, being the petitioner, has come up before this Court praying for the issuance of writ of certiorari, by quashing the common order dated 13.04.2018 [Annexure P-1], passed by the Himachal Pradesh State Administrative Tribunal (referred to as the “Tribunal” herein), in Transferred Application(s), TA No. 2526 of 2015, titled as Himachal Pradesh Cooperative Department Non-Gazetted Employees Association versus State of Himachal Pradesh and others and in TA No. 1530 of 2015, titled as Jagdish Kumar and others versus State of Himachal Pradesh and others and in TA No. 1813 of 2015, titled as Hardyal Singh Thakur and others versus State of Himachal Pradesh and others ; directing the Petitioner(s)-State of Himachal Pradesh to grant pay scale of Rs 1800-3200 to the Respondents-Employees as Inspector Cooperative Societies w.e.f. 01.01.1986 with all consequential benefits within three months and the orders dated 09.08.2018 passed by Learned Tribunal in OA No. 4726 of 2018, titled as Gulzar Singh Parmar and others versus State of Himachal Pradesh and others, by directing the petitioners-State of Himachal Pradesh to consider the case of the

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The State of Himachal Pradesh is not mandated to follow pay scales set by another State; employer discretion in service conditions is reaffirmed.
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 determination of pay scales is the exclusive domain of the state, and courts should only intervene in cases of constitutional violations.
(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....
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.
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 main legal point established in the judgment is the requirement for establishing parity in pay scales based on comparative job evaluation and equation of posts, and the burden of proof on the pet....
The principle of equal pay for equal work cannot be applied to perpetuate illegality; relevant statutory notifications must be adhered to.
The principle of 'Equal Pay for Equal Work' was applied, emphasizing that employees holding the same rank performing similar functions and discharging similar duties and responsibilities should be tr....
The tribunal affirmed that similar employees' pay should be upgraded equally, addressing violations of equality in pay scales and ensuring equitable treatment among all central government employees.
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