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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
Roshan Lal – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petition for salary increase and benefits. (Para 1) |
| 2. claimants performing duties of junior lecturer assistants. (Para 2 , 10) |
| 3. clarification of duties by respondent no. 2. (Para 3) |
| 4. duties of laboratory attendants defined. (Para 4 , 5) |
| 5. common seniority list for laboratory attendants. (Para 6 , 7) |
| 6. equal pay for equal work principle invoked. (Para 8) |
| 7. court's duty to seek pay parity. (Para 12 , 13 , 14 , 15) |
| 8. judicial review in pay parity matters considered. (Para 16 , 18) |
| 9. limitations and rules on pay fixation by courts. (Para 17 , 19 , 20 , 21) |
| 10. final ruling in favor of petitioners. (Para 22 , 23 , 24) |
1.The petitioners, by way of present petition, have prayed for the following substantive reliefs:
“(i) That the respondents may be directed to pay to the applicants salary in the scale of Rs.4400-7000 w.e.f. 01.01.1996 and Rs.1350-2400 w.e.f. 01.01.1986 with all consequential benefits.
(ii) That the respondents may also be directed to pay to the applicants the arrears due and admissible to them as a result of the relief at Sr. No.(i) above. They may also be directed to pay interest @18% per annum on the arrears of salary.”
2.
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 determination of pay scales is the exclusive domain of the state, and courts should only intervene in cases of constitutional violations.
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 does not entitle employees to claim parity in pay scales if their recruitment processes differ significantly.
The State of Himachal Pradesh is not mandated to follow pay scales set by another State; employer discretion in service conditions is reaffirmed.
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