Sant Lal Vs State of Haryana and Others — Punjab & Haryana HC (2025) — LawSathi Research

Sant Lal Vs State of Haryana and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of on the same terms as the Court's judgment in CWP No.11710 of 2014 (supra), per whose quoted conclusions the pay of regularly employed petitioners is to be stepped up at par with juniors from the date of regularisation, and arrears of the difference in pay computed from the date of regularisation are payable with interest @ 6% per annum (restricted to three years prior to filing of the writ petitions) within three months.

Issue for consideration

Whether the controversy raised by the petitioner (relief on pay-scale/equal-pay grounds) stands already answered by this Court's judgment in CWP No.11710 of 2014 (decided 25.03.2025), warranting disposal of the present petition on the same terms.

Court's answer

For the reasons recorded in CWP No.11710 of 2014 (supra), this petition also stands disposed of on the same terms as that judgment.

Detailed headnote1 paragraphs

Oral judgment of the High Court of Punjab and Haryana at Chandigarh (Ashwani Kumar Mishra, J., with Rohit Kapoor, J.) disposing of CWP-3572-2025 (Sant Lal v. State of Haryana and Others) 'on same terms' as, and for the reasons recorded in, this Court's earlier judgment in CWP No.11710 of 2014 (decided 25.03.2025), which is quoted in extenso. The quoted judgment had upheld the constitutional validity of Sections 3 and 4 of the Haryana (Abolition of Distinction of Pay Scale between Technical and Non-Technical posts) Act, 2014; applied those sections prospectively from 10.12.2013 (notification of the 2013 Ordinance) qua new recruits to posts prescribing technical qualifications as per Section 2(h); recognised a vested right of regularly employed petitioners to 'equal pay for equal work' including upgraded pre-revised technical pay scales; directed stepping-up of pay at par with juniors from the date of regularisation; and ordered computation and payment of arrears with interest @ 6% per annum restricted to three years prior to filing of the writ petitions, to be disbursed within three months. The substantive conclusions are those of the earlier judgment, adopted here by reference; no independent reasoning is added in the present petition.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

136 CWP-3572-2025 Date of Decision : August 12, 2025

SANT LAL .....Petitioner VERSUS STATE OF HARYANA AND OTHERS .....Respondents

CORAM: HON'BLE MR. JUSTICE ASHWANI KUMAR MISHRA HON'BLE MR. JUSTICE ROHIT KAPOOR

Present : Mr. Sankalp Gehlawat, Advocate for the petitioner. ****

ASHWANI KUMAR MISHRA, J. (Oral)

The controversy already stands answered by a judgment of this Court passed in CWP No.11710 of 2014 decided on 25.03.2025, wherein this Court held as under:-

“95. In the present case, the petitioners are all regularly employees. Therefore, this Court has no hesitation to hold that they have a vested right to claim “equal pay for equal work”. Accordingly, this Court holds that Sections 3 and 4 of the Haryana (Abolition of Distinction of Pay Scale between Technical and Non-Techincal posts) Act, 2014 is applicable prospectively qua appointments made after the said enactment. It is imperative to widen the scope of the proviso to Section 4 to do complete justice between the parties. Therefore, it is held that not only the employees who were already enjoying the benefits of the upgraded pre-revised scales will be granted the said pay scale but also the employees like the petitioners who were not granted the aforesaid pre-revised upgraded ‘techincal pay scales’ will also be applicable prospectively from the date of its coming into force.

CONCLUSION

96. In Conclusion, it is held as follows:

CWP-3572-2025 -2-

(i) The legislative competence of the State Government is not in dispute and therefore, the constitutional validity of Sections 3 and 4 of the 2014 Act is upheld.

(ii) However, Sections 3 and 4 of the 2014 Act will be applicable prospectively from the date the 2013 Ordinance was notified on December 10, 2013 and will be applicable qua the new recruits who were appointed to the posts where technical qualifications have been prescribed as per Section 2(h).

(iii) The pay of the petitioners is required to be “stepped up” at par with their juniors from the date the petitioners were regularised in service.

97. Accordingly, the authorities are directed to compute the arrears of such difference in pay from the date of reguilarisation of the petitioners and pay the same along with interest @ ^% per annum. However, the interest @ 6% per annum shall be restricted to a period of three years prior to filing of the writ petitions and paid till the time of actual date of disbursement of the arrears. The same shall be disbursed to the employees concerned, within three months from the date of this judgment.

98. With the directions aforesaid, the petitions are disposed of.

99. Pending application(s) if any, shall also stand disposed of accordingly.”

For the reasons recorded in CWP No.11710 of 2014 (supra),

this petition also stands disposed of on same terms.

(ASHWANI KUMAR MISHRA)

JUDGE

(ROHIT KAPOOR) August 12, 2025 JUDGE ajaysharma Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No

AJAY KUMAR 2025.08.13 16:38 I attest to the accuracy and integrity of this document Chandigarh