IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ, J.
Nek Ram And Others - Petitioners
Versus
State of H.P And Others - Respondents
CWPOA No.1556 of 2019
Decided On : 17-03-2026
| Table of Content |
|---|
| 1. petitioners seek higher pay scale. (Para 1 , 2 , 3) |
| 2. petitioners claim parity with punjab pay scale. (Para 4 , 5) |
| 3. state argues petition bad for non-joinder. (Para 6 , 7 , 8) |
| 4. state not bound by punjab pay scales. (Para 9) |
| 5. court reiterates executive's domain in pay scales. (Para 10 , 14) |
| 6. petitioners argue for parity based on job similarity. (Para 11 , 12) |
| 7. judicial review limited to executive decision-making. (Para 13 , 15 , 17 , 18) |
| 8. writ petition dismissed without merit. (Para 16 , 19 , 20) |
1.By way of present petition, the petitioners have prayed for grant of the following substantive reliefs:-
“i) That the pay scale of petitioners may be ordered to be revised from Rs. 950-1800 to Rs. 3330-6200 instead of Rs. 3120-5150 with effect from 1.1.1996 and further pay revision may also be ordered to be made on the basis of pay fixation with effect from 1.1.1996.
ii) That the arrears on account of the pay revision may be ordered to be released to the petitioners with interest at the rate of 12% per annum.”
2. As per pleadings in the writ petition, petitioner No.1 initially appointed as Weaving Master with the respondent-State, who joined his duties on 11.03.1981. Petitioner No.2 was appointed as Weaving Instructor, who joined his duties on 12.12.1981 and petitioner No.3 was appointed as Carpenter Master, who joined his duties on 25.10.1997. Later on as per Notification dated 22.11.1995 (Annexure P-2), the aforesaid categories against which the petitioners were working were re-designated as Junior Technician (Weaving Master/Instructor) and Junior Technician (Carpenter Master). Vide Notification dated 19.05.1998 issued by the Punjab Government, the pay-scales of various categories were revised and the pay-scale of Technical Masters was revised from Rs.950-1800/- to Rs.3330-6200/- w.e.f. 01.01.1996.
3. It has been averred in the petition that the State Government of H.P. has taken a policy decision to adopt the pay-scales as admissible to the employees of Punjab Government and pursuant to the revision of pay-scale w.e.f 01.01.1996, the pay-scale of petitioners was revised from Rs.950-1800/-to Rs.3120-5160/- as per (Annexure P-4).
4. The pay-scale of Technical Masters in the Department of Prisons in the State of Punjab was Rs.950- 1800/- (pre-revised) and the pay scale of Weaving Master/Instructor and Carpenter Master was also Rs.950-1800/- (pre-revised). Since the petitioners were not allowed the pay-scale as admissible to their counterparts in the State of Punjab, they made representation dated 02.08.2002 (Annexure P-6), requesting therein to revise their pay from Rs.950-1800/- to Rs.3330-6200/- instead of Rs.3120-5160/- with effect from 01.01.1996. Acting on the representation of the petitioners, respondent No.2 submitted various letters to respondent No.1, whereby the case of the petitioners was found to be genuine and requested respondent No.1 to notify the revised pay-scale of Rs.3330-6200/- w.e.f. 01.01.1996, instead of pay-scale of Rs.3120-5160/-. Despite making request by respondent No.2, respondent No.1 kept on assuring that the grievance of the petitioners shall be redressed. Lastly, respondent No.2 vide communication dated 19.07.2012 (Annexure P-10) had written to respondent No.1 to get the revised pay-scale of the petitioners from Rs.3330- 6200/- w.e.f. 01.01.1996.
5. The petitioners have pleaded in the petition that there are only three/four persons working in the Department of Prisons, who will be benefited in case the anomaly is removed, as there was no other person working against the aforesaid category of Technicians. It has been pleaded that respondent No.2 had justified the demand raised by the petitioners to be legal and justified and thus, there was no justification on the part of respondent No.1 to delay the issuance of Notification with regard to revision of pay-scale w.e.f. 01.01.1996 and further revision of pay scale w.e.f. 01.01.2006.
6. Respondents No.1 and
State of Himachal Pradesh vs. P.D. Attri and others
Union of India vs. Indian Navy Civilian Design Officers Association and another
The determination of pay scales is the exclusive domain of the state, and courts should only intervene in cases of constitutional violations.
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....
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 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.
Pay scales and post classification are executive's exclusive domain; courts refrain from equating posts absent grave error proof. Equal pay demands identical duties/responsibilities, not just qualifi....
(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....
State's selective deviation from followed pay pattern without objective justification, failing to reflect grade pay enhancement in basic pay and initial start, creates anomaly violating Articles 14 a....
The principle of 'equal pay for equal work' is not an abstract doctrine and can be enforced in a Court of law. However, the equation of posts and determination of pay scales is the primary function o....
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