State Of Madhya Pradesh vs Santosh - 2026 Supreme(MP) 661

Headnote:(A) Constitution of India - Articles 243 and 309 - Service Law - Implementation of 6th Pay Commission - Date of effectiveness - Parity with State Government employees - Fixing a subsequent date for the grant of pay commission benefits to employees of local self-government bodies compared to state government employees, without reasonable grounds, is arbitrary and discriminatory. (Paras 9, 12, 13)

(B) Equal Pay for Equal Work - Principle applicable to employees discharging identical duties - Discrimination in the date of grant of pay commission benefits between similarly situated employees is violative of Article 14 of the Constitution. (Paras 12, 13)

Facts of the case:
Employees absorbed into a district panchayat sought the benefit of the 6th Pay Commission from 01.01.2006, matching the date granted to state government employees. The state government had directed implementation of the 6th Pay Commission for such employees only from 01.04.2013, citing financial constraints and the lack of additional income sources for the local body. The writ court allowed the petition, directing the grant of benefits from 01.01.2006.

Findings of Court:
The state government's decision to implement benefits from a subsequent date without rational justification is arbitrary and discriminatory. Local panchayats are independent institutions of self-government under the Constitution, and the state cannot arbitrarily defer pay benefits for their employees.

Issues: Whether employees of local panchayat bodies are to be treated at par with state government employees regarding the date of implementation of the 6th pay commission, and the authority of the state government to fix such dates for members of panchayat services.

Ratio Decidendi: Since the state government approved the commission's recommendations but deferred the implementation date for local body employees without providing reasonable grounds, the decision violates Article 14 and the principle of "Equal Pay for Equal Work."

Result: Writ Appeal stands dismissed.

Legal Category Hierarchy

1. Appeal under Madhya Pradesh Uchha Nyayalaya (Khand Nyaypith ko Appeal) Adhiniyam 2005 against order directing grant of 6th Pay Commission benefits to Panchayat employees. (Para 1 , 2 , 3 )

2. Appellant argued that the decision to grant pay from a later date was not challenged; respondents argued it was arbitrary and discriminatory. (Para 10 , 11 )

3. Writ appeal dismissed; order directing equal pay commission benefits for Panchayat employees upheld. (Para 13 , 14 )

4. Are Panchayat employees entitled to be treated at par with State Government employees regarding the date of implementation of pay commission recommendations?

Yes, the court held that discrimination in the date of implementation without reasonable justification is arbitrary and violates Article 14 and the principle of equal pay for equal work. (Para 7 , 12 , 13 )

5. Does the State Government have the authority to unilaterally fix the date of implementation of pay commission for Panchayat employees?

No, the court observed that Panchayats are autonomous bodies under Article 243 and the State Government's order did not disclose any legal power to fix a different date. (Para 8 , 9 )

ORDER :

Vijay Kumar Shukla, J.

The present appeal is being filed under Section 2(1) of Madhya Pradesh Uchha Nyayalaya (Khand Nyaypith ko Appeal) Adhiniyam 2005 being aggrieved by the order dated 3/10/2023 passed by the Writ Court in W.P No.2634/2020, whereby the writ petition preferred by the present respondents was allowed and the appellants were directed to grant the benefit of 6th pay commission w.e.f 1.1.2006 to the employees of Janpad Panchayat and Zila Panchayat.

2. Facts of the case draped in brevity are that the respondents were appointed in the District Rural Development Authority and that thereafter the respondents were absorbed in the Jila Panchayat Khargone. The respondents had filed a Writ Petition no.186/2015 for grant of benefits of 6th Pay Commission before this Court, in which the Court vide order dated 26.10.2016 had directed the appellants to consider the case of the respondents and decide the representation filed by the respondents. In compliance to the said order, the representation filed by the respondents was considered and after consideration the same was rejected. Being aggrieved by the rejection of representation by the appellants, the respondents had filed the said writ petition bearing W.P. No. 2634/2020 before this Court which was allowed by the Writ Court vide dated 03.10.2023.

3. The petitioners were appointed to the District Rural Development Authority and thereafter their services were absorbed into the Jila Panchayat Khargone. Respondent No.1 was promoted to Accountant and Respondent No.2 was promoted to the post of Assistant Grade II. They approached before this Court by way of Writ Petition No.2494/2001 for the grant of benefit of the 5th Pay Commission. Vide order dated 20.06.2001, the Writ Petition was allowed with a direction to the appellants to grant the benefit. Vide order dated 21.07.2010, the Panchayat and Rural Development Department directed all Chief Executive Officers of Jila Panchayat to grant the benefit of the 6th Pay Commission to the employees of DRDA as well as employees of Panchayat. Vide order dated 10.05.2018, the benefit of 7% Pay Commission, dearness allowance was given to the employees working in the Jila Panchayat and Janpad Panchayat. In compliance of the aforesaid order, the pay fixation of the respondents was done on 16.08.2018. The respondents submitted a representation to the appellants for extending the benefit of the 6th Pay Commission w.e.f. 01.01.2006 i.e at par with the State Government employees, who had already been given the said benefit from 01.01.2006. Respondents approached before this Court by way of Writ Petition No.186/2015 for grant of 6th Pay Commission which was disposed of vide order dated 26.10.2016 with direction to consider the representation. Vide annexure P/1 the appellants rejected the representation on the ground that the State Government vide order dated 08.08.2013 directed to give the 6th Pay Commission 01.04.2013 to the employees of Jila Panchayat and Janpad Panchayat and Jila Panchayat is not having any additional source of income, hence claim of benefit from 01.01.2006 cannot be allowed.

5. Initially, the appellants filed a very brief reply by submitting that vide order dated 08.09.2008, the State Government directed all the Chief Executive Officers of Jila Panchayat and Janpad Panchayat to grant the benefit of 5th Pay Commission to the employees of Jila Panchayat and Janpad Panchayat from 01.01.2006 and thereafter vide order dated 08.08.2013 further directed to grant the 6th Pay Commission w.e.f. 01.04.2013 with the rider that the State Government would not provide any separate funds in respect of such grant. The services of the respondents are governed by Madhya Pradesh Panchayat Services (Recruitment and General Condition of Service) Rules, 1999 (henceforth "Rules, 1999"), they cannot claim their eligibility for 6th Pay Commission like their counter part in State Government. Petitioners filed a rejoinder that Jila Panchayat Khargone

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2026 Supreme(MP) 661

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
Vijay Kumar Shukla, Alok Awasthi, JJ.
The State Of Madhya Pradesh And Others – Appellants
Versus
Santosh And Others – Respondents
Writ Appeal No. 2182 of 2023
Decided On : 15-01-2026

The State Government cannot arbitrarily fix a later date for implementing pay commission benefits for local self-government employees than for its own employees without reasonable justification, as such discrimination violates Article 14 and the principle of "Equal Pay for Equal Work."

Legal Category Hierarchy

Table of Contents

4. Are Panchayat employees entitled to be treated at par with State Government employees regarding the date of implementation of pay commission recommendations?

5. Does the State Government have the authority to unilaterally fix the date of implementation of pay commission for Panchayat employees?

Judicial Analysis

2026 Supreme(MP) 661

IN THE HIGH COURT OF MADHYA PRADESH AT INDOREVijay Kumar Shukla, Alok Awasthi, JJ.The State Of Madhya Pradesh And Others – AppellantsVersusSantosh And Others – RespondentsWrit Appeal No. 2182 of 2023Decided On : 15-01-2026

The State Government cannot arbitrarily fix a later date for implementing pay commission benefits for local self-government employees than for its own employees without reasonable justification, as such discrimination violates Article 14 and the principle of "Equal Pay for Equal Work."

Legal Category Hierarchy

Table of Contents

4. Are Panchayat employees entitled to be treated at par with State Government employees regarding the date of implementation of pay commission recommendations?

5. Does the State Government have the authority to unilaterally fix the date of implementation of pay commission for Panchayat employees?

Cases Referred (3)

Judicial Analysis

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
Vijay Kumar Shukla, Alok Awasthi, JJ.
The State Of Madhya Pradesh And Others – Appellants
Versus
Santosh And Others – Respondents
Writ Appeal No. 2182 of 2023
Decided On : 15-01-2026