High Court of Himachal PradeshEmployment and Labour LawConstitutional Law

Identical duties warrant pay parity under the constitutional principle of equal pay for equal work.

Roshan Lalv.STATE OF HP

Identical duties warrant pay parity under the constitutional principle of equal pay for equal work.. Roshan Lal vs STATE OF HP. High Court of Himachal Pradesh. LawLens
The LawLens card for this judgmentXLinkedInWhatsApp

In brief

The question

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

The court held

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

It also directed

The court directed the respondents to grant the pay scale of Rs. 4400-7000 to the petitioners effective 01.01.1996 on a notional basis

Actual 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

No order was made as to costs

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, 2

While JLAs were granted the higher scale, Laboratory Attendants remained in the Rs. 3120-5160 scale

¶ 2

The petitioners contended that although JLA posts do not exist in schools, they perform duties identical to JLAs, including store management and stock maintenance

¶ 8, 12

The 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, 10

However, the court noted that both categories belong to a common seniority list and are inter-transferable

¶ 4, 6, 15

02Issues

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, 12

ii.2. Whether the High Court can exercise judicial review to interfere with executive policy decisions regarding pay fixation and parity

¶ 13, 17

03Law 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, 19

It applied the precedent in Randhir Singh v. Union of India (1982), which established that this principle is attainable through constitutional remedies

¶ 16

While 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, 21

Provisions 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

¶ 12

Evidence showed that school Laboratory Attendants were made in-charge of stores and required to maintain stock registers—duties specifically assigned to the JLA category

¶ 12

The court noted that because JLA posts were absent in the school cadre, the petitioners were effectively fulfilling those roles without corresponding compensation

¶ 12, 22

Despite 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, 22

The court concluded that when qualifications, responsibilities, and functions are identical, treating employees differently based solely on department or nomenclature is irrational

¶ 20, 22

05Holding

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, 24

The court directed the respondents to grant the pay scale of Rs. 4400-7000 to the petitioners effective 01.01.1996 on a notional basis

¶ 24

Actual 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

¶ 24

No order was made as to costs

¶ 24
High Court of Himachal Pradesh

Original Court PDF

Roshan LalvsSTATE OF HP

High Court of Himachal Pradesh · March 17, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment