Executive instructions cannot override statutory rules related to pay fixation, upholding the principle of equal pay for equal work.

HARPREET SINGH BRAR J. (Oral)

1. Prayer in this writ petition filed under Articles 226/227 of the Constitution of India , is for issuance of a writ in the nature of mandamus, directing the respondents to grant statutory pay scale to the petitioners as per The Punjab State Electricity Board Ministerial Services Group-III Rules, 1985, The Punjab State Electricity Board Technical Services Grade-III Rules, 1996 and The Revised Pay Scale Rules, 2009, from entry into the service along with arrears and interest @ 12% thereon. Further prayer has been made to direct the respondents to take into account the statutory pay scale as per The Punjab State Electricity Board Ministerial Services Group-III Rules, 1985, The Punjab State Electricity Board Technical Services Grade-III Rules, 1996 and The Revised Pay Scale Rules, 2009. Further a writ of certiorari has been sought, for quashing the Instructions dated 17.07.2020 (Annexure P-3).

2. The brief facts of the case, as pleaded in the writ petition, are that the petitioners were appointed as Clerks and Assistant Linemen in the erstwhile Punjab State Electricity Board (PSEB) through an advertisement dated 21.05.2021 (Annexure P-1). Despite the statutory pay scales prescribed under the Punjab State Electricity Board Ministerial Services Group-III Rules, 1985, the Technical Services Grade-III Rules, 1996, and the Revised Pay Scale Rules, 2009, which included a pay scale of Rs.6400-20200 with a Grade Pay of Rs.3400, the petitioners were given a consolidated pay of Rs.19,900/- on account of the State Government Instructions dated 17.07.2020 (Annexure P-3). These instructions, which implemented the 7^th Central Pay Commission pay matrix, were adopted by the respondents without amending or repealing the statutory rules. The employees appointed before 17.07.2020 continue to draw higher statutory pay scale for performing the same duties, resulting in unequal treatment and financial loss to the petitioners. Feeling aggrieved, the petitioners made a representation dated 15.05.2025 seeking correction of the pay scale, but no relief has been granted to them. Hence, this writ petition.

3. Learned counsel for the petitioners, inter alia, contends that the service conditions and pay scales for Clerks and Assistant Linemen are governed by the statutory Rules specifically enacted for the PSEB employees namely, The Punjab State Electricity Board Ministerial Services Group-III Rules, 1985, The Punjab State Electricity Board Technical Services Grade-III Rules, 1996 and The Revised Pay Scale Rules, 2009. He emphasized that these Rules possess statutory force and cannot be overridden by mere executive instructions or letters. Learned counsel for the petitioners further submits that the respondents’ adoption of the 7^th CPC pay scale vide impugned instructions dated 17.07.2020 is contrary to the statutory framework and thus legally unsustainable. The Rules have not been amended or repealed to incorporate the 7^th CPC pay matrix and, therefore, the petitioners are entitled to pay fixation as per the existing statutory Rules. He further contends that Government Orders or Instructions cannot replace or change the Rules enacted by law and further the right to “equal pay for equal work” is protected under Articles 14 and 16 of the Constitution of India . Lastly, he submits that the discrimination in pay fixation violates the fundamental rights of the petitioners as similarly situated employees appointed before the Notification dated 17.07.2020, continue to receive the higher pay scale. It is a trite law that the executive instructions in the shape of circulars cannot supersede the statutory rules.

4. Learned counsel for the petitioners, in support