Service Increments and Parity of Treatment
Subject : Service Law - Employment Benefits
The Himachal Pradesh High Court has intervened in a service dispute between a transport employee and the Himachal Road Transport Corporation (HRTC), directing the corporation to re-examine an employee's claim for two additional increments. The ruling follows the emergence of a recent departmental order that granted similar benefits to another employee.
The petitioner, Hem Chand, had approached the High Court seeking the quashing of an office order dated November 21, 2023, which had previously rejected his request for two additional increments upon the completion of twenty years of service as a Conductor. Mr. Chand sought to implement a prior judgment of the erstwhile Himachal Pradesh Administrative Tribunal (HPAT) dated April 9, 2019, which recognized this entitlement.
The dispute remained stagnant until a significant development occurred during the pendency of the writ petition. The HRTC itself issued an office order on October 13, 2025, in the case of another employee, Sh. Om Parkash, who had retired as an Adda Conductor. In that instance, the corporation granted the very benefits that Hem Chand had been denied.
During the proceedings, legal counsel for the petitioner argued that the HRTC had established a clear precedent by allowing the benefits to Sh. Om Parkash. Consequently, they requested that the petitioner’s legal notice, dated May 24, 2024, be reconsidered by the competent authority in alignment with this new office order.
The respondent, represented by counsel, did not contest the move. Rather, they expressed a willingness to re-evaluate the petitioner's claim in light of the updated departmental policy and the legal notice, effectively acknowledging the need for consistency in administrative decisions.
Ms. Justice Jyotsna Rewal Dua highlighted the necessity for the respondent to address the grievance fairly, noting the recent departmental change:
> "The respondents have themselves issued an office order on 13.10.2025 in case of one Sh.Om Parkash... Said Sh. Om Parkash had prayed for similar benefits as prayed by the petitioner... The relief was allowed to said Sh. Om Parkash."
The Court underscored the directive for the administrative body to act promptly:
> "This writ petition is disposed of with a direction to the respondents/ competent authority to consider and decide case of petitioner afresh for redressal of his grievances... also keeping in view office order dated 13.10.2025 within three weeks from today."
In its final order, the High Court disposed of the writ petition with a mandate that the HRTC must reconsider the petitioner's request within three weeks. The corporation is required to communicate their fresh decision directly to the petitioner.
This ruling serves as a reminder to state-run entities that service benefits must be administered consistently. By failing to do so, departments often invite judicial intervention to ensure that similarly situated employees are treated with parity under the law, preventing arbitrary denial of legitimate service entitlements.
increments - employment - benefits - conductors - arbitrariness - parity
#ServiceLaw #HighCourt
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