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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SATYEN VAIDYA
Govt. & Semi Govt. Driver & Cleaner Federation H.P. – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. drivers petition for pay parity with punjab scales. (Para 2) |
| 2. anomaly from unadjusted initial pay despite gp hike. (Para 3 , 6 , 7 , 8) |
| 3. hp historically followed punjab pay commissions. (Para 4 , 5) |
| 4. discrimination versus hrtc, clerks, acps denial. (Para 9 , 10 , 11 , 12) |
| 5. state modifies punjab pattern; no post parity. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 6. undisputed facts confirm gp not added to basic. (Para 21 , 22 , 23) |
| 7. basic pay equals band pay plus grade pay. (Para 24 , 25) |
| 8. justification limited to contract employees only. (Para 26 , 27 , 28) |
| 9. selective deviation violates articles 14, 16. (Para 29 , 30 , 31) |
| 10. unjust gp denial creates anomalous financial loss. (Para 32 , 33 , 34) |
| 11. review unreasonable, prejudicial pay decisions. (Para 35 , 36) |
| 12. grant rs.9880 start, rs.25600 fixation. (Para 37) |
JUDGMENT :
Satyen Vaidya, J.
By way of instant petition, petitioners have prayed for following substantive reliefs: -
“i)That this Hon’ble Court may be pleased to issue writ of mandamus directing the respondent State to place the members of the petitioners No. 1 and 2 association/federation and petitioners No. 3 to 5 in the pay band of Rs. 5910-20200/
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 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....
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' was applied, emphasizing that employees holding the same rank performing similar functions and discharging similar duties and responsibilities should be tr....
Point of Law : Once the State Government had omitted to include the category of AMOs in the Schedule appended to the said rules, it cannot be allowed to turn around and try to justify its action of s....
Courts may rectify pay scale anomaly between historically equivalent posts arising from irrational partial adoption of revision notifications, without job evaluation or equating duties.
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