Statutory Recruitment Rules prevail over executive instructions or corrigenda when determining pay scales for direct recruits.

The applicants were recruited as Junior Engineers (Civil) by the Chandigarh Engineering Department following a recruitment notice dated 27.02.2021.

While the statutory Recruitment Rules (RR) of 2004 (amended in 2009) and a 2011 notification prescribed a Grade Pay of Rs. 4800, the respondents issued a corrigendum and appointment letters (2021-2022) stipulating that the applicants would receive only a fixed monthly salary (Rs. 35,400) during a three-year probation period, without increments or allowances.

This was based on the Chandigarh Administration's adoption of a Punjab Government notification dated 15.01.2015/17.07.2020 aimed at financial austerity.

The applicants challenged these conditions, noting that the underlying Punjab notifications had already been quashed by the High Court.

1. Whether the Chandigarh Administration can alter the pay scales and service conditions prescribed in statutory Recruitment Rules through executive instructions or corrigendums.

2. Whether the applicants are entitled to the regular pay scale (Grade Pay Rs. 4800) from the date of their initial appointment despite having accepted appointment letters with "fixed salary" conditions.

Statutory Recruitment Rules have a statutory force and cannot be overridden by mere executive instructions or corrigendums.

Pay scales must conform to the rules governing the service and instructions violating Articles 14 and 39 of the Constitution are unsustainable, as established in Saurabh Sharma v. State of Punjab and Dr. Vishwadeep v. State of Punjab.

Once a policy/notification (specifically the Punjab notification dated 17.07.2020) is quashed by a competent court, its adoption by another administration becomes legally untenable.

The Recruitment Rules of 2004/2009 specifically defined the pay for Junior Engineers, and these rules had not been formally amended to allow for "fixed emoluments" during probation.

A corrigendum to a recruitment notice is intended only to correct clerical errors or apparent mistakes, not to make substantive changes to statutory pay scales.

Although the respondents argued that the applicants accepted the terms in their appointment letters, the Tribunal held that the applicants had "no choice" due to the lack of job opportunities and that such terms constituted "unfair treatment".

Since the instructions dated 17.07.2020 had already been set aside in CWP No. 15896 of 2023, the statutory RRs must prevail over the inconsistent executive-led corrigendum.

The court held that the applicants are entitled to the pay scale with a Grade Pay of Rs. 4800 (as per the 2011/2012 notifications) from the date of their initial appointment.

The respondents were directed to refix the applicants' pay and release arrears within three months.