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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NAMIT KUMAR
Darshan Walia – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Namit Kumar, J.
Petitioner has invoked the writ jurisdiction of this Court by filing the instant petition under Article 226 of the Constitution of India, seeking quashing of order dated 01.08.2022 (Annexure P-19), whereby claim of the petitioner for similar basic pay which was granted to respondent No.4, has been rejected and for directing the respondents to release the arrears of retirement benefits and salary and refixation of his pension after revision of his grade pay as given to respondent No.4, along with interest and all consequential benefits.
2. Brief facts of the case, as have been pleaded in the petition, are that the petitioner had joined the Municipal Corporation, Ludhiana, on 07.06.1977 as Clerk and thereafter he was promoted as Junior Assistant on 01.03.1986 and further he was promoted as Officer on Special Duty (OSD) on 01.04.1999 and he retired as such on 31.10.2016 on attaining the age of superannuation and thereafter he was given two years' extension upto 31.10.2018. It has further been stated in the petition that respondent No.4 was promoted as OSD on 01.05.2006 and whereas petitioner was promoted on the said post on 01.04.1999, therefore, respondent No.
The main legal point established in the judgment is the requirement for establishing parity in pay scales based on comparative job evaluation and equation of posts, and the burden of proof on the pet....
The principle of equal pay for equal work does not entitle employees to claim parity in pay scales if their recruitment processes differ significantly.
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.
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....
Delay in seeking judicial relief can bar claims, especially when the claimant has accepted the status quo for an extended period.
Equal pay for equal work applies to absorbed employees from merged entities performing identical duties as regulars, entitling pay scale parity, benefits, arrears despite initial lump sum irregular a....
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