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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
Nek Ram – Appellant
Versus
State of H.P – Respondent
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
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....
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....
The main legal point established in the judgment is that the petitioner was entitled to the revised pay scale for the post of Principal, DIET and the court directed the respondents to revise the pay ....
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