01Facts
The petitioners, working as Laboratory Attendants (re-designated as Senior Laboratory Attendants) in Government Schools and Colleges, sought a pay scale revision to Rs. 4400-7000 w.e.f. 01.01.1996, identical to the scale granted to Junior Lecturer Assistants (JLA)
¶ 1, 2While JLAs were granted the higher scale, Laboratory Attendants remained in the Rs. 3120-5160 scale
¶ 2The petitioners contended that although JLA posts do not exist in schools, they perform duties identical to JLAs, including store management and stock maintenance
¶ 8, 12The respondents argued that pay scales are governed by Recruitment & Promotion (R&P) Rules (2000), and since the petitioners are Laboratory Attendants, they cannot claim a scale prescribed for a different cadre (College Cadre JLAs)
¶ 9, 10However, the court noted that both categories belong to a common seniority list and are inter-transferable
¶ 4, 6, 1502Issues
i.1. Whether the petitioners are entitled to the pay scale of Rs. 4400-7000 on the principle of “equal pay for equal work” given the nature of their duties
¶ 8, 12ii.2. Whether the High Court can exercise judicial review to interfere with executive policy decisions regarding pay fixation and parity
¶ 13, 1703Law Applied
The court relied on the constitutional mandate of "equal pay for equal work" as a derivative of Articles 14, 16, and 39(d) of the Constitution of India, characterizing it as a fundamental right rather than a mere slogan
¶ 16, 19It applied the precedent in Randhir Singh v. Union of India (1982), which established that this principle is attainable through constitutional remedies
¶ 16While acknowledging K.T. Veerappa v. State of Karnataka (2006) and Punjab State Power Corporation Limited v. Rajesh Kumar Jindal (2019), which hold that pay fixation is an executive function, the court emphasized that judicial intervention is warranted when such decisions are unreasonable, unjust, or prejudicial to a section of employees
¶ 17, 21Provisions in the judgment · 1 · Linked ones open on LawLens
Bengal Bonded Warehouse Association Act, 1838 Section 81
04Reasoning
The court observed that the nature of duties performed by the petitioners in schools was indistinguishable from those performed by JLAs in colleges
¶ 12Evidence showed that school Laboratory Attendants were made in-charge of stores and required to maintain stock registers—duties specifically assigned to the JLA category
¶ 12The court noted that because JLA posts were absent in the school cadre, the petitioners were effectively fulfilling those roles without corresponding compensation
¶ 12, 22Despite the respondents' reliance on R&P Rules, the court found that the wholesale identity of duties, combined with a common seniority list and the inter-transferability of the posts, rendered the pay disparity discriminatory
¶ 15, 22The court concluded that when qualifications, responsibilities, and functions are identical, treating employees differently based solely on department or nomenclature is irrational
¶ 20, 2205Holding
The High Court allowed the petition, holding that the denial of the JLA pay scale to the petitioners was unreasonable and violative of Article 14
¶ 22, 24The court directed the respondents to grant the pay scale of Rs. 4400-7000 to the petitioners effective 01.01.1996 on a notional basis
¶ 24Actual monetary benefits were ordered to be paid for the period starting three years prior to the filing of the petition, with arrears to be cleared within three months
¶ 24No order was made as to costs
¶ 24Original Court PDF
Roshan LalvsSTATE OF HP
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