Disposed

Nand Kishor and Others v. State of Haryana and Others

Punjab & Haryana HC4 Jul 2025CWP/20541/2017

Case brief

AI extract

What is this about?

Writ petition seeking upgraded technical pay scales on par with juniors. Counsel agreed the issue was covered by a coordinate bench decision in Sarbans Singh; the court disposed of the petition in those terms mutatis mutandis, including arrears with interest, and disposed of pending applications.

What did the court decide?

Petitioners granted pay parity benefits per Sarbans Singh judgment: stepped-up pay and arrears with 6% interest as directed therein.

Nand Kishor and Others Vs State of… — Pension and Retirement Benefits | Punjab & Haryana HC (2025)

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101-2 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP-20541-2017 (O&M) Date of Decision: 4^th July, 2025

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NAND KISHOR AND OTHERS ..…...Petitioner(s)

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V/s.

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STATE OF HARYANA AND OTHERS .....Respondent(s)

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CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA

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Present: M r. Rajesh Arora, Advocate for t he petitioners.

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M r. Vivek Chauhan, Addl. A.G., Haryana.

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******** SANJEEV PRAKASH SHARMA, J. (Oral)

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CM-8387-CWP-2025

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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 .

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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-20541-2017 (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-20541-2017 (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