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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NAMIT KUMAR
Des Raj – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
NAMIT KUMAR, J.
1. The petitioner has invoked the writ jurisdiction of this Court by filing the present petition under Articles 226/227 of the Constitution of India, seeking a writ of certiorari for quashing the order dated 29.07.2019 (Annexure P-12), vide which the claim of the petitioner for grant of pay scale equivalent to the post of clerk i.e. Rs.10300-34800+3200 grade pay, with effect from 03.10.2011/15.12.2011 has been rejected. Further, a writ of mandamus has been sought for directing the respondents to grant the said pay scale, along with arrears in view of the decision of this Court in CWP No.488 of 2015 titled as 'Gurbir Singh and others v. Punjab and Haryana High Court and another', decided on 16.01.2015.
2. The brief facts, as have been pleaded in the petition, are that the petitioner was initially appointed as a Peon in Punjab State Consumer Disputes Redressal Commission, Chandigarh (hereinafter referred to as 'Commission') in the year 2002 and is now governed by the rules known as the Punjab State Consumer Disputes Redressal Commission (Appointment and Condition of Service) Rules, 2009 (hereinafter referred to as 'Rules') (Annexure P-1). In terms of the appli
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....
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....
The State of Himachal Pradesh is not mandated to follow pay scales set by another State; employer discretion in service conditions is reaffirmed.
The determination of pay scales is the exclusive domain of the state, and courts should only intervene in cases of constitutional violations.
Equal pay for equal work mandates uniform application of benefits across similarly situated employees, reinforcing that arbitrary denial of pay parity violates constitutional principles.
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