Courts can interfere in executive pay fixation if the decision is unreasonable or arbitrary. When qualifications, duties, and responsibilities are identical between posts across different departments, the principle of "equal pay for equal work" justifies granting pay parity.

Jiya Lal Bhardwaj, Judge

1. The petitioners by way of present petition have prayed for the following substantive reliefs:

“i) That the letters/orders dated 12.9.2018, 9.6.2018 and 1.10.2018 Annexure A-13 (Colly) be quashed and set aside for all intents and purposes.

ii) That issue appropriate directions to the respondents/Competent Authorities to fix the pay scales for the post of Civil Nazir in respondent No.3 similar to the pay scales of Civil Nazir as has been fixed in the Himachal Pradesh Subordinate Courts/Judiciary.

iii) Issue appropriate directions to the respondents to carry necessary amendment in the R & P Rules, provide promotion avenues to the applicants/Civil Nazir’s as are available to their counterparts in the Himachal Pradesh Subordinate Courts/Judiciary with retrospective effect with all consequential benefits within a time bound manner.

iv) That the respondents may be directed to accordingly work out the arrears of pay in favour of the applicants and pay the same to the applicants alongwith 9% p.a.

v) That the pay of the applicants accordingly be fixed with all consequential benefits.”

2. The facts as emergeo from the pleadings are that the petitioners were appointed to the post of Civil Nazir, on contract basis with respondent No.3-Commission. Petitioner Nos.1 to 5 were appointed as Civil Nazir, on contract basis, vide office order(s) dated 16.12.2008 (Annexure A-1), 03.07.2009 (Annexures A-2 to A-4) and 30.09.2010 (Annexure A-6), respectively. Petitioner Nos. 1 to 4 were appointed on fixed contractual amount of Rs.7500/- per month and petitioner No.5 was appointed on consolidated fixed contractual amount @Rs.14,100/- per month, which was in the pay scale of Rs.10300-34800+3800 Grade Pay.

3. Later on, services of the petitioner Nos.1 to 4 were regularized vide office order dated 27.05.2015 (Annexure A-5). As per office order dated 27.04.2016 (Annexure A-7), the services of petitioner No.5 were regularized after completion of 5 years of continuous service as on 31.03.2016 in the pay scale of Rs.10300-34800+3200/- Grade Pay, in Pay Band-3 with initial start of Rs.13,500/- per month (Rs.10300+3200 Grade Pay) plus allowances at the rates admissible subject to the condition laid down in the rules and orders governing the grant of such allowances in force from time to time.

4. At the time of offering appointment to petitioner No.5 as Civil Nazir, on contract basis, vide office order dated 30.09.2010 (Annexure A-6), the Rules called as the “Himachal Pradesh State Consumer Disputes Redressal Commission, Civil Nazir, Class-III (Non-Gazetted), Recruitment and Promotion Rules, 2010” (hereinafter to be referred as “R & P Rules”) notified on 14.05.2010 for the post of Civil Nazir, were in vogue. As per these Rules, the pay scale of Rs.10300-34800+3800 Grade Pay was fixed for the post of Civil Nazir.

5. After issuance of the aforesaid Notification dated 14.05.2010, another Notification was issued on 09.12.2011 (Annexure R-3) amending the said Notification. By way of the amendment, the existing provision against Column No.4 relating to the pay scale for the post of Civil Nazir, which had earlier been prescribed as Rs.10300-34800+3800 Grade Pay was substituted with Rs.10300-34800+3200 Grade Pay. Furthermore, the emoluments payable to contractual employees were prescribed in accordance with the details provided in Column 15A. Thereafter, Notification dated 27.09.2012 (Annexure A-9) was a