Listen To This Post

CHANDIGARH: In a significant reaffirmation of constitutional protections for government employees, the Punjab and Haryana High Court has struck down Haryana’s attempt to create pay disparities within a single cadre, directing the State to restore full pay parity for Circle Superintendents. The ruling underscores that administrative convenience or selective classification cannot override the constitutional mandate of equality.

Core Dispute: One Cadre, Unequal Pay

The case—Bhuvnesh Kumar & Others vs State of Haryana—challenged a 2018 government order that denied Circle Superintendents the higher grade pay extended to their counterparts working in select “premier” offices such as the Civil Secretariat, Haryana Vidhan Sabha and the Governor’s House.

The petitioners argued that, as far back as 1982, the State had abolished hierarchical distinctions among offices, treating all Superintendents as a single, homogeneous Group ‘B’ gazetted cadre with identical duties, interchangeable postings, and equal responsibilities.

Despite this, the 2018 order carved out a subset within the same cadre, granting them higher pay scales of ₹4800 and ₹5400 while others were left behind—triggering the legal challenge.

Court’s Reasoning: ‘Intra-Cadre Discrimination’ Violates Constitution

The Bench of Justice Sandeep Moudgil found the State’s action constitutionally unsustainable. The Court noted that pay parity had existed for decades—from 1986 to 2009—and no material change in duties or structure justified a departure from that position.

Crucially, the State failed to provide any “clear, cogent and rational justification” for treating some Superintendents as deserving higher pay merely on the ground of working in “sensitive” departments. The Court observed that when posts remain transferable and duties comparable, such classification becomes arbitrary.

Terming the move as “hostile discrimination”, the Court held it violative of Article 14 and Article 16, which guarantee equality before law and equal opportunity in public employment.

Partial Fix Not Enough: Pay Anomaly Committee Rejected

The State had attempted to address the issue through a Pay Anomaly Committee, which recommended a marginal increase to ₹4600. However, the Court dismissed this as a “partial correction” that failed to address the core constitutional flaw.

The judgment makes it clear that incremental adjustments cannot legitimise an inherently unequal framework, especially when the discrimination itself lacks a valid basis.

Key Directions: Parity, Arrears and Strict Timeline

Quashing the 2018 order, the Court issued clear and time-bound directions:

• Haryana must grant grade pay of ₹4800 initially and ₹5400 after four years to the petitioners
• The benefit will apply retrospectively from July 2, 2009
• All arrears of pay and pension must be released within four months
• Delays will attract 6% annual interest, rising to 12% if deadlines are missed

Larger Implication: A Strong Message on Service Equality

Beyond the immediate relief to Circle Superintendents, the judgment sends a broader message to governments: once employees are recognised as part of a uniform cadre, any deviation in pay structure must be backed by objective, defensible criteria.

As the Court succinctly observed, “Once it is shown that two categories of government servants are similarly situated, placing one at a lower scale without justification cannot be sustained.”

In doing so, the High Court has not only corrected a service anomaly but also reinforced the enduring constitutional doctrine that equality in designation must reflect equality in remuneration.