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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SATYEN VAIDYA, J.
Govt. & Semi Govt. Driver & Cleaner Federation H.P. And Ors. - Petitioners
Versus
State of H.P. And Anr - Respondents.
CWP No. 56 of 2023
Decided On : 24-09-2025
| 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/-+GP 2400 with initial start of Rs. 9880/- w.e.f. 01.10.2012 on issuance of notification dated 27.09.2012 by the State of Himachal Pradesh, similarly as was done by the State of Punjab while issuing notification dated 15.12.2011 placing the drivers in the pay scale of Rs. 5910-20200+GP2400 with initial start of Rs. 9880/- and further issue writ of certiorari quashing notification dated 27.09.2012 to the extent whereby the member of the petitioners. No. 1 and 2 associations/federation were placed in the pay scale of Rs. 5910+20200+GP2000 with initial start of Rs. 8240/- and after two years of regular service at Grade Pay Rs. 2400/-.
ii) That this Hon’ble Court may be pleased to issue writ of mandamus directing the respondent State to grant the members of the petitioner No. 1 and 2 association/federation basic pay of Rs. 9880/- after completion of two years of regular service once they were placed in the grade pay of Rs. 2400/- as per the notification dated 27.09.2012.
iii) That this Hon’ble Court may be pleased to issue writ of mandamus directing the respondent State to fix the pay scale of the petitioners as per the Himachal Pradesh Civil Services (Revised Pay) Rules, 2022 and scheduled attached thereto at Rs. 25,600/- as their basic pay since the Grade Pay of the members of the petitioners No. 1 and 2 association/ federation was Rs. 2400/- and further direct the respondent State to not to consider the members of the petitioners No. 1 and 2 association/ federation in the basic pay of Rs. 8240/- and reduced their Grade Pay to Rs. 2000/-, but to consider their Grade Pay at Rs. 2400/- as was being grated to them after two years of regular service and fixed their basic pay at Rs. 25600/- w.e.f. 01.01.2016.
iv) That this Hon’ble Court may be pleased to issue writ of mandamus directing the respondent State to grant basic pay of Rs. 30400/- after two years of regular service as has been done in the case of Steno Typist and Forest Guard who had been placed at Level-5 in terms of notification dated 06.09.2022 notifying Himachal Pradesh Civil Services (Revised Pay) Rules, 2022.
v) That this Hon’ble Court may be pleased to issue writ of mandamus directing the respondent State to remove the anomaly operating in the pay scale of the petitioners vis- a-vis that of the clerks as in terms of the notification dated 27.09.2012 and to grant them pay scale of Rs. 10300-34800+GP3200.”
2. Petitioners No. 1 and 2 represent the category of Drivers working in State Government Departments and the Public Sector Undertakings managed, controlled and run by the State Government. Petitioners No. 3 to 5 also belong to the category of Drivers and are espousing their individual cause by way of this petition. Thus, the petitioners have joined hands on a common cause o
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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