IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

204 (3 cases) CWP-16192-2015 Date of Decision: 15.12.2025 Om Parkash and others …Petitioners Versus State of Haryana and others …Respondents With Sr. Case No. Petitioners Respondents No.

2. CWP-13202-2015 Hari Singh and others State of Haryana and others

3. CWP-16198-2015 Krishan Kumar and State of Haryana and others others CORAM: HON’BLE MR. JUSTICE JAGMOHAN BANSAL Present: - Mr. Anurag Goyal, Senior Advocate with Mr. Nikhil Lather, Advocate and Mr. Siddharth Sharma, Advocate for the petitioners Mr. Ravi Partap Singh, Deputy Advocate General, Haryana ***

JAGMOHAN BANSAL, J. (Oral)

1. As common issues are involved in the captioned petitions, with the consent of both sides, the same are hereby disposed of by this common order. For the sake of brevity and convenience, facts are borrowed from CWP No.16192 of 2015.

2. The petitioners through instant petition under Articles 226/227 of the Constitution of India are seeking setting aside of order dated 28.08.2014 to the extent of upgradation of functional pay structure w.e.f.

01.09.2014 instead of 01.01.2006.

3. The petitioners are retired police officers. The State Government vide notification dated 30.12.2008 framed Haryana Civil Services (Revised Pay) Rules, 2008. These Rules came into force w.e.f. 01.01.2006. By way of these Rules, pay scales of State Government employees were revised. The petitioners were in pay scale of 5500-175-

₹

8300-EB-175-9000. Their pay scale was revised to 9300-34800/-. They ₹

were further granted grade pay of 3600/-. The State Government from time to time revised grade pay of employees of different departments e.g. Accountants of Haryana Bureau of Public Enterprises were granted grade ₹ ₹

pay of 3600/- instead of 3200/- w.e.f. 01.04.2011, APRO and equivalent ₹

of Public Relation were granted grade pay of 4000/- in place of 3600/- w.e.f. 01.09.2009. The State Government vide order dated 28.08.2014 decided to revise grade pay of its employees except whose grade pay was revised during the intervening period i.e. 2008-2014. The grade pay of ₹ ₹ ₹ ₹

3200/- and 3300/- was upgraded to 3600/- and grade pay of 3600/- was ₹

upgraded to 4000/-. In the said order, it was made clear that upgradation would take place w.e.f. 01.09.2014 and employees whose grade pay had already been upgraded would not be entitled to benefit of this order.

4. Learned Senior counsel for the petitioners submits that petitioners are retired police officials and they have been discriminated with employees of other departments. The petitioners were granted upgradation of grade pay w.e.f. 01.09.2014 whereas upgradation of grade pay was granted to employees of other department w.e.f. 01.01.2006. In the case of Teachers, the respondent granted upgradation on actual basis w.e.f. 01.09.2009 and notional basis w.e.f. 01.01.2006. They approached this Court by way of CWP No.511 of 2011 which was allowed vide judgment dated 22.05.2012. This Court held that petitioners are entitled to upgraded grade pay on actual basis w.e.f. 01.01.2006. The said judgment has attained finality. The respondent is denying benefit to petitioners on the ground that upgradation of pay scale is a complex matter and it needs expertise. The Courts are not experts, thus, cannot interfere in these matters. There is no rationale behind the claim of the respondent. The petitioners have been denied their valuable right of upgradation of scale w.e.f. 01.01.2006. No complexity is involved. The respondent, as per its whims and caprice, has discriminated the petitioners. There is no intelligible differentia and foundation to treat petitioners differently from other employees.

5. Per contra, learned State counsel submits that a Full Bench of this Court in Rajbir Singh and others v. HSEB and others, 2009 SCC OnLine P&H 1230 has held that employees are entitled to pay scales from the date granted by State Government. Full Bench has overruled decision of Division Bench of this Court wherein claim of e