IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
JIYA LAL BHARDWAJ, J.
Roshan Lal And Others - Petitioners
Versus
State of Himachal Pradesh And Another - Respondents
CWPOA No.172 of 2019
Decided On : 17-03-2026
| 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 petitioners have averred in the petition that they are working as Laboratory Attendants with the respondents and are presently working at Government High Schools/Government Senior Secondary Schools/Government Colleges in the respondent Department. The post of Laboratory Attendant was re-designated as Senior Laboratory Attendant when the pay scales of Laboratory Attendants were revised on the Punjab pattern, and they were given the scale of Rs.950-1800 w.e.f. 01.01.1986. Further, the scale was revised to Rs.3120-5160 w.e.f. 01.01.1996 and, at present, they are getting the salary in the said pay scale.
3. Vide memo dated 01.01.1990, respondent No.2 wrote a letter to all the Principals of Government Colleges seeking clarification regarding duties and responsibilities of Laboratory Staff in the Colleges. It has been mentioned in the said letter that a confusion has been created in some Colleges in respect of the responsibilities and duties as per the duty norms and it is clarified in the said letter that there is no change in the nature of duties as already defined in spite of change in classification of certain categories of employees. Vide this letter, suggestions were also sought for modification, if any. Communication dated 30.10.1964, whereby the norms were formulated is also annexed with this letter. As per the norms dated 30.10.1964, the duties of Junior Lecturer Assistant and Laboratory Attendant are as under:
“Duties of the Junior Lecturer Assistant:
1. He will be personally responsible for the Laboratory, its equipment and its general upkeep.
2. He will personally look after the maintenance of expensive App. (requiring technical care) in particular and ordinary apparatus in general.
3. He will be responsible for the lying of equipment in the Labs. Or in the fields or trips. In case of Music Deptt. he will keep all the instruments turned and in perfect order before every practical.
4. He will arrange the apparatus etc. needed for the lecture work.
5. He will assist the Senior Lecturer Assistant in annual stock checking and in work regarding purchase of Apparatus locally or otherwise.
6. He will see that the electric fans and lights, water taps and gas taps are not used necessarily and wastefully in the rooms and labs. under.
Duties of Lab. Attendant:
2. He will dust the Labs, Museums Lecture rooms and other rooms in the Department concerned and shall personally clean sinks, Brasswares windowpane etc. In case of Zoology Deptt. the Lab. Attendant will chloroform and remove the dissected animals, when asked.
3. He will clean Glassware and ordinary equipment.
3. He will assist the Junior Lecturer Assistant in carrying the Apparatus etc. required for the lecture work and practical work.”
4. Thereafter, another communication dated 01.12.1993 was issued by resp
D.S. Nakara and others vs. Union of India
Haryana State Minor Irrigation Tubewells Corporation and others vs. G.S. Uppal and others
Union of India vs. Dineshan K.K.
Punjab State Power Corporation Limited vs. Rajesh Kumar Jindal and others
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.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.