Ishwar and Others Vs State of Haryana and Others

T his application is filed by the p e titioner for disposing of the Wr i t Petition whic h is on the regular board of thi s Court in terms of the judgme n t dated 25.03.2025 passed in CWP-11710-201 4 . F or the reasons mentioned in th e application the same is allowed the main Wri t Petition is taken on board toda y itself.

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CWP-20533-2017 (O&M)

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1. L earned counsel for the petition e r as well as learned State couns e l both are ad i dem that the issue raised in the p resent petition stands concluded by the Coor d inate Bench of this Court vide order dated 25.03.2025 passed in bunch of wr i t petitions with lead case of C W P-11710-2014 titled as ‘Sarbans Singh and others vs. The State of Haryana and others’ , wherein t h e Coordinate B ench held as under:

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“95. In the presen t case, the petitioners are all regularly appointed employ e es. Therefore, this Court has no hesitation to hold that the y have a vested right to claim

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SURESH KUMAR 2025.07.07 17:26 I attest to the accuracy and integrity of this document

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CWP-20533-2017 (O&M)

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Page 2 of 3

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"equal pay for equal work " . Accordingly, this Court holds that Sections 3 and 4 o f the Haryana (Abolition of Distinction of Pay Scale between Technical and NonTechnical posts) Act, 2014 is applicable prospectively qua appointments made after th e said enactment. It is imperative to widen the scope of the pr o viso to Section 4 to do complete justice between the parties. T herefore, it is held that not only the employees who were alr e ady enjoying the benefits of the upgraded pre-revised scale s will be granted the said pay scale but also the employe e s like the petitioners who were not granted the aforesaid p re-revised upgraded "technical pay scales" will also be gra n ted the same. The provisions of the Act will be applicable p rospectively from the date of its coming into force.

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96. In Conclusion, it is held as follows:

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(i) The legislativ e competence of the State Government is not in dispute and therefore the constitutional validit y of Sections 3 and 4 of the 2014 Act is upheld.

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(ii) However, Sectio n s 3 and 4 of the 2014 Act will be applicable prospect i vely from the date the 2013 Ordinance was noti fi ed on December 10, 2013 and will be applicable q ua the new recruits who were appointed to the pos t s where technical qualifications have been prescribed as per Section 2(h). (iii) The pay of th e petitioners is required to be "stepped up" at par w ith their juniors from the date the petitioners were r e gularised in service.

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97. Accordingly, th e authorities are directed to compute the arrears of suc h difference in pay from the date of regularisation of the pet i tioners and pay the same along with interest @ 6% per ann u m. However, the interest @ 6% per annum shall be restricte d to a period of three years prior to filing of the writ petition s and paid till the time of actual date of disbursement of t h e arrears. The same shall be