Hawa Singh and Ors. Vs State of Haryana and Ors. — Punjab & Haryana HC (2025) — LawSathi Research

Hawa Singh and Ors. Vs State of Haryana and Ors. — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of in terms of the Coordinate Bench judgment dated 25.03.2025 in CWP-11710-2014 ('Sarbans Singh and others vs. The State of Haryana and others') mutatis mutandis; all pending applications disposed of accordingly. Benefits flowing from the adopted ruling include grant of upgraded pre-revised technical pay scales, stepping up of pay at par with juniors from the date of regularisation, and payment of arrears of differential pay with interest @ 6% per annum (restricted to three years prior to the writ petitions until actual disbursement, disbursable within three months).

Issue for consideration

Whether the petitioners are entitled to the benefit of 'equal pay for equal work', including the upgraded pre-revised technical pay scales and stepping up of pay at par with their juniors, as concluded by the Coordinate Bench judgment dated 25.03.2025 in CWP-11710-2014 (Sarbans Singh).

Court's answer

Learned counsel for the petitioner and learned State counsel are both ad idem that the issue raised in the present petition stands concluded by the Coordinate Bench of this Court vide order dated 25.03.2025 passed in CWP-11710-2014 (Sarbans Singh).

Ratio / Principle

Application CM-8389-CWP-2025 is allowed and the main writ petition is taken on board today itself.

Key takeaways

In view of the Coordinate Bench ruling, the present petition is disposed of in the aforesaid terms mutatis mutandis.ratio¶30
All pending applications in this case are disposed of accordingly.ratio¶32

Detailed headnote1 paragraphs

Punjab & Haryana High Court, Division Bench (Sanjeev Prakash Sharma and Meenakshi I. Mehta, JJ.), oral judgment dated 04.07.2025 in CWP-23826-2017 (O&M), Hawa Singh and others v. State of Haryana and others. With counsel for both sides ad idem that the issue stood concluded, the Court disposed of the writ petition in terms of its Coordinate Bench judgment dated 25.03.2025 in CWP-11710-2014 ('Sarbans Singh and others vs. The State of Haryana and others') mutatis mutandis; CM-8389-CWP-2025 for taking the petition on board was allowed, and pending applications were disposed of accordingly. The adopted ruling (paras 95-98 of Sarbans Singh, quoted but not independently ruled upon here) upheld the constitutional validity of Sections 3 and 4 of the Haryana (Abolition of Distinction of Pay Scale between Technical and NonTechnical posts) Act, 2014; held the provisions applicable prospectively from 10.12.2013 qua new recruits to posts prescribing technical qualifications under Section 2(h); recognised a vested right of regularly appointed employees to 'equal pay for equal work'; directed stepping up of pay at par with juniors from the date of regularisation; and directed computation of arrears with interest @ 6% per annum restricted to three years prior to filing of the writ petitions till actual disbursement, payable within three months.

101-3 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP-23826-2017 (O&M) Date of Decision: 4^th July, 2025

HAWA SINGH AND OTHERS ..…...Petitioner(s)

V/s.

STATE OF HARYANA AND OTHERS

.....Respondent(s)

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

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

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

SANJEEV PRAKASH SHARMA, J. (Oral)

CM-8389-CWP-2025

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.

CWP-23826-2017 (O&M)

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:

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

CWP-23826-2017 (O&M)

Page 2 of 3

“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 "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.

96. In Conclusion, it is held as follows:

(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.

(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.

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

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

CWP-23826-2017 (O&M)

Page 3 of 3

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 disbursed to the employees concerned, within three months from the date of this judgme n t.

98. With the directio n s aforesaid, the aforementioned writ petitions are disposed o f .”

2. I n view thereto, we dispose of t h e present petition in the aforesaid

terms mutatis mutandis.

3. A ll pending applications in this c ase are disposed of accordingly .

[SANJEEV PRAKASH SHARMA] JUDGE

[MEENAKSHI I. MEHTA] JUDGE

July 4, 2025

Ess Kay

W hether speaking / reasoned : Yes / No W hetpher Reportable : Yes / No

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