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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
Rita Kumari – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. pay disparity for similar tailoring posts across departments claimed. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. transferred staff performed identical duties as petitioners. (Para 7 , 8) |
| 3. equal pay for equal work constitutional; courts intervene if arbitrary. (Para 9 , 10 , 11 , 12) |
| 4. parity mandated for same duties despite recruitment differences. (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 5. prior judgment binds granting equal grade pay. (Para 19 , 20) |
| 6. pay parity granted from petition date. (Para 21) |
By way of present petition, the petitioners have claimed to allow them pay scale at par with their counterparts in the Department of Technical Education, Vocational & Industrial Training, on the post of Junior Tailoring Mistresses, as also on the post of Head Tailoring Mistresses, with all consequential benefits from the date of their initial appointment, along with interest @ 15% per annum from the due date till payment.
2. Shorn of unnecessary details, the petitioners were initially appointed as Junior Tailoring Mistresses (wrongly mentioned as Junior Tailoring Teachers) with the respondent-Department on 08.10.1991, 14.10.1991 and 01.11.1991, respectiv
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 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.
The principle of equal pay for equal work does not entitle employees to claim parity in pay scales if their recruitment processes differ significantly.
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....
The State of Himachal Pradesh is not mandated to follow pay scales set by another State; employer discretion in service conditions is reaffirmed.
Pay scale – Though Courts would not undertake exercise of determining pay scale keeping in view nature of work by comparing employees who are not similarly placed in cases where exercise of determini....
Tribunal cannot grant higher promotional pay scale to one cadre's employees matching another distinct cadre's juniors by one-time parity, as it exceeds jurisdiction absent Article 14 violation from r....
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