27.02.2026 vs Of on 17 March, 2026

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    ADVERTISEMENT

    Himachal Pradesh High Court

    Reserved On : 27.02.2026 vs Of on 17 March, 2026

                                                 2026:HHC:7384
    
    
    
    
             IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
                                                              CWPOA No.172 of 2019
                                                              Reserved on : 27.02.2026
    
    
    
    
                                                                                .
                                                          Decided on: 17th March, 2026
    
    
    
    
    
        ____________________________________________________________________
        Roshan Lal and others                                                       ...Petitioners
    
    
    
    
    
                                                     Versus
    
    
    
    
                                                       of
        State of Himachal Pradesh and another                                   ...Respondents
        Coram
        Hon'ble Mr. Justice Jiya Lal Bhardwaj, Judge
    

    rt
    Whether approved for reporting? 1 Yes
    For the petitioners: Ms. Sneh Bhimta, Advocate vice Ms.

    Shreya Chauhan, Advocate.

    SPONSORED

    For the respondents: Mr. Amit Kumar Chaudhary, Deputy
    Advocate General.

    Jiya Lal Bhardwaj, Judge

    The petitioners, by way of present petition, have

    prayed for the following substantive reliefs:

    “(i) That the respondents may be directed to
    pay to the applicants salary in the scale of

    Rs.4400-7000 w.e.f. 01.01.1996 and Rs.1350-

    2400 w.e.f. 01.01.1986 with all consequential
    benefits.

    (ii) That the respondents may also be
    directed to pay to the applicants the arrears
    due and admissible to them as a result of the
    relief at Sr. No.(i) above. They may also be
    1
    Whether reporters of Local Papers may be allowed to see the judgment?

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    directed to pay interest @18% per annum on
    the arrears of salary.”

    2. The petitioners have averred in the petition that

    .

    they are working as Laboratory Attendants with the

    respondents and are presently working at Government High

    Schools/Government Senior Secondary Schools/Government

    of
    Colleges in the respondent Department. The post of

    Laboratory Attendant was re-designated as Senior Laboratory
    rt
    Attendant when the pay scales of Laboratory Attendants were

    revised on the Punjab pattern, and they were given the scale

    of Rs.950-1800 w.e.f. 01.01.1986. Further, the scale was

    revised to Rs.3120-5160 w.e.f. 01.01.1996 and, at present,

    they are getting the salary in the said pay scale.

    3. Vide memo dated 01.01.1990, respondent No.2

    wrote a letter to all the Principals of Government Colleges

    seeking clarification regarding duties and responsibilities of

    Laboratory Staff in the Colleges. It has been mentioned in the

    said letter that a confusion has been created in some

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    Colleges in respect of the responsibilities and duties as per

    the duty norms and it is clarified in the said letter that there is

    .

    no change in the nature of duties as already defined in spite

    of change in classification of certain categories of employees.

    Vide this letter, suggestions were also sought for

    modification, if any. Communication dated 30.10.1964,

    of
    whereby the norms were formulated is also annexed with this
    rt
    letter. As per the norms dated 30.10.1964, the duties of Junior

    Lecturer Assistant and Laboratory Attendant are as under:

    “Duties of the Junior Lecturer Assistant:

    1. He will be personally responsible for the Laboratory, its

    equipment and its general upkeep.

    2. He will personally look after the maintenance of expensive
    App. (requiring technical care) in particular and ordinary

    apparatus in general.

    3. He will be responsible for the lying of equipment in the Labs.

    Or in the fields or trips. In case of Music Deptt. he will keep
    all the instruments turned and in perfect order before every

    practical.

    4. He will arrange the apparatus etc. needed for the lecture
    work.

    5. He will assist the Senior Lecturer Assistant in annual stock
    checking and in work regarding purchase of Apparatus
    locally or otherwise.

    6. He will see that the electric fans and lights, water taps and
    gas taps are not used necessarily and wastefully in the
    rooms and labs. under.

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    Duties of Lab. Attendant:

    2. He will dust the Labs, Museums Lecture rooms and other
    rooms in the Department concerned and shall personally
    clean sinks, Brasswares windowpane etc. In case of Zoology

    .

    Deptt. the Lab. Attendant will chloroform and remove the

    dissected animals, when asked.

    3. He will clean Glassware and ordinary equipment.

    3. He will assist the Junior Lecturer Assistant in carrying the

    Apparatus etc. required for the lecture work and practical
    work.”

    4. Thereafter, another communication dated

    of
    01.12.1993 was issued by respondent No.2 forwarding
    rt
    decision of the Government regarding the duties of

    Laboratory Attendants to all the Principals of Government

    Senior Secondary Schools and requested that the duties be

    implemented strictly. As per the decision, the Laboratory

    Attendants working in the Government Senior Secondary

    Schools were assigned specific duties, and as per the

    procedure, the Laboratory Attendants working in the Schools

    and Colleges are inter-transferable and carry the same pay

    scales. The duties assigned as per communication dated

    01.12.1993, are as under:

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    “Duties of Attendants working in Govt. Senior Secondary
    Schools.

    1. He will be incharge of store of concerned department.

    2. To maintain the stock register with the assistance of Senior

    .

    Lecturer of his department.

    3. He will also verify every year the material/apparatus as per
    stock register with the assistance of concerned Lecturers of
    his department.

    4. He will take care of cleanliness of laboratory room and
    concerned rooms of other departments.

    5. He will also look after electric fans, electricity, taps, gas plant

    of
    etc. to see that these are not used wrongly.

    6. He will also arrange for apparatus/instruments to be used
    by lower classes (6th to 10th) when required with the
    assistance of concerned Lecturer.

    7.
    rt
    In case it is possible he will also undertake minor repair of
    instruments of laboratory with the assistance of concerned

    Lecturer.

    8. He will also correspond with the firm for purchase of
    laboratory equipment etc. with the assistance of concerned

    Lecturer.

    9. He will not go on leave without recommendations of the
    concerned Lecturer. In case he is to go on leave, he will hand

    over the keys to the Senior Lecturer of his department.

    10. Annual confidential reports of Laboratory Attendants will be

    written by the Principal of the School.

    11. Laboratory Attendants of class IV cadre will be exempted
    from the work.

    12. When required the work of Laboratory Attendants can be
    inter-changed so that the work of School could go on
    smoothly.

    13. When required he will be responsible for arrangement of
    water in the laboratory.

    14. When required he will make local purchase for the School.”

    5. The petitioners have also placed on record the

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    office order dated 17.08.1990, whereby one Sh. Jia Lal, Lab.

    Attendant, working in Government College, Rampur Bushahr,

    .

    was relieved of his duties on his transfer to Government

    Senior Secondary School, Shimla-1, and vide another office

    order dated 23.11.2000, one Sh. Budhi Chand, Lab Attendant

    of the same college, was relieved of his duties and was

    of
    directed to report for duty to the Principal, Government
    rt
    Senior Secondary School, Rampur Bushahr.

    6. The petitioners have placed on record the

    tentative seniority list of Laboratory Attendants as issued by

    the respondent Department in December 1988, wherein even

    the persons, who are working as Laboratory Attendants in

    Colleges, have been shown, since there is a common cadre of

    Laboratory Attendants working in Government High School

    and Government Senior Secondary Schools.

    7. The promotional post from the feeder category of

    Laboratory Assistant is Junior Lecturer Assistant and the same

    is made on the basis of the seniority list of Laboratory

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    Attendants irrespective of whether they are working in

    Colleges or Schools. The petitioners have placed on record

    .

    office order dated 11.12.1998 (Annexure A-5), whereby the

    Laboratory Attendants working in Schools have been

    promoted as Junior Lecturer Assistants.

    8. The petitioners have submitted that there are no

    of
    posts of Junior Lecturer Assistants in the Schools, though the
    rt
    persons who are working as Laboratory Attendants in the

    Schools are performing identical duties as were performed by

    Junior Lecturer Assistants, as per Annexures A-1 and A-2,

    where the duties of Laboratory Attendants have been

    prescribed. It has been averred that as per the norms fixed,

    the Lab Attendants will assist the Junior Lecturer Assistants in

    carrying the apparatus etc. required for lecture and practical

    work. Since there are no posts of Junior Lecturer Assistants,

    the persons who are working as Laboratory Attendants in the

    schools are performing the duties, which are otherwise to be

    discharged by the Junior Lecturer Assistants and thus, they

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    are entitled to the same salary or pay scale. It has also been

    pleaded that though the petitioners have been designated as

    .

    Laboratory Attendants (now Senior Laboratory Attendants),

    but they are performing the duties of Junior Lecturer

    Assistants and thus they are entitled to the same pay scale as

    granted to the Junior Lecturer Assistants on the principle of

    of
    “equal pay for equal work.”

    9.
    rt
    The respondents filed reply to the petition and

    averred that the petition is not maintainable, because as per

    the R&P Rules notified by the Government vide notification

    dated 03.08.2000, the pay scale of Laboratory Attendant has

    been prescribed as Rs.3120-5160 and the qualification for the

    same has been prescribed as Matriculation or its equivalent

    examination with Science from a recognized

    Board/University, whereas, as per notification dated 04

    October 1999, Junior Lecturer Assistants/Laboratory

    Assistants (College Cadre) have been granted a pay scale of

    Rs.4400-7000. Further, the post of Junior Lecturer Assistant is

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    filled up from amongst the eligible Laboratory Attendants

    working in Government Senior Secondary Schools/High

    .

    Schools. Thus, the claim of the petitioners for the grant of pay

    scale of Rs.4400-7000 is not at all maintainable as nothing can

    be granted contrary to the provisions of the R&P Rules.

    10. The respondents have admitted that the post of

    of
    Laboratory Attendant has been re-designated as Senior
    rt
    Laboratory Attendant. As far as the issue regarding the

    transfer of Sh. Jia Lal and Budhi Chand is concerned, they had

    been transferred on the same post and, by their transfer,

    there was neither any change in their duties nor in their pay

    scale, and they have not claimed anything in that regard. It

    has been admitted that there is no post of Junior Lecturer

    Assistant/Laboratory Assistant in the Government Senior

    Secondary Schools and the said posts are sanctioned only for

    Colleges. Annexure A-5 appended with the petition shows

    that the Laboratory Attendants working in the Schools are

    promoted as Junior Lecturer Assistants and posted in

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    Government Colleges. Since the petitioners are performing

    the duties of Laboratory Attendants for which a pay scale of

    .

    Rs.3120-5160 has been prescribed, the petitioners cannot

    claim parity with pay scale of Rs.4400-7000.

    11. I have heard the learned counsel for the parties

    and also perused the case file carefully.

    of

    12. It is not in dispute that there are no posts of Junior
    rt
    Lecturer Assistants in the Schools. The duties being

    performed by the petitioners in the Schools are also the

    same, since as per the decision regarding the duties of

    Laboratory Attendants, it has been mentioned that the

    Laboratory Attendant will assist the Junior Lecturer Assistant

    in carrying the apparatus etc. as required for lecture and

    practical work. Thereafter vide communication dated

    01.12.1993, the decision of the Government dated 20.08.1993

    prescribing the norms was conveyed to all the Principals,

    Government Senior Secondary Schools and as per the same,

    the Laboratory Attendants were made incharge of store of

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    concerned department and to maintain the register with the

    assistance of Senior Lecturer of the Department, which too,

    .

    are the duties of the Junior Lecturer Assistant. Once there are

    no posts of Junior Lecturer Assistants in the Schools, the job

    which is to be performed by them is being performed by the

    petitioners, who are working as Laboratory Attendants. The

    of
    duties being performed by the petitioners are also not

    disputed.

    rt

    13. No doubt, so far as prescribing the pay scale of a

    post is concerned, it is a policy decision to be taken by the

    State Government and the role of the Courts is very limited.

    However, when it comes to the notice of the Court that the

    nature of duties and functions performed by an employee is

    similar to those being discharged by another category of

    employees, it is the duty of the Court to seek parity of pay

    under Article 39(d) of the Constitution of India.

    14. A perusal of the documents placed on record

    reveals that there is no dispute regarding the duties,

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    responsibilities, and work being performed by the petitioners

    as Laboratory Attendants, and the same work, which is being

    .

    performed by the Junior Lecturer Assistants. Thus, the

    petitioners cannot be denied the same pay scale as granted

    to the Junior Lecturer Assistants working in the Colleges.

    15. It is also not in dispute that there is a common

    of
    seniority list of Laboratory Attendants in the Schools and
    rt
    Colleges, whose designation has now been changed to Senior

    Laboratory Attendant, and thus the petitioners cannot be

    denied the same pay scale of Rs.4400-7000, as is being given

    to the Junior Lecturer Assistants.

    16. A three-Judge Bench of the Hon’ble Supreme

    Court in Randhir Singh vs. Union of India, (1982) 1 SCC 618,

    has held that the principle of “equal pay for equal work” is not

    a mere doctrine slogan, but a constitutional goal, capable of

    being attained through constitutional remedies, and this

    principle has to be read with Articles 14 and 16 of the

    Constitution of India. This decision was affirmed by the

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    Constitution Bench of the Hon’ble Supreme Court in D.S.

    Nakara and others vs. Union of India, (1983) 1 SCC 305.

    .

    17. The learned counsel for the respondents-State

    vehemently argued that the fixation of pay and parity and

    assigning the duties is the function of the executive and

    depends upon the financial capacity of the Government and

    of
    the priority is given to different types of posts under the
    rt
    policy decision of the State Government, and this Court

    cannot compare the posts or venture into the aspect of

    granting the same pay scale. No doubt, the scope of this

    Court in such matters is very limited, as propounded by the

    Hon’ble Supreme Court in K.T. Veerappa and others vs. State

    of Karnataka and others, (2006) 9 SCC 406. However, it has

    also been held that the Courts should interfere with

    administrative decisions pertaining to pay fixation and pay

    parity when they find such decisions to be unreasonable,

    unjust, and prejudicial to a section of employees and taken in

    ignorance of material and relevant factors. The relevant para

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    of the judgment is reproduced as under:-

    “13. He next contended that fixation of pay and parity
    in duties is the function of the executive and financial

    .

    capacity of the Government and the priority given to

    different types of posts under the prevailing policies of the
    Government are also relevant factors. In support of this
    contention, he has placed reliance on State of Haryana v.

    Haryana Civil Secretariat Personal Staff Assn. And Union of
    India v. S.B. Vohra. There is no dispute nor can there be
    any to the principle as settled in State of Haryana v.

    of
    Haryana Civil Secretariat Personal Staff Assn. that
    fixation of pay and determination of parity in duties is
    the function of the executive and the scope of judicial
    review of administrative decision in this regard is very
    rt
    limited. However, it is also equally well settled that the
    courts should interfere with administrative decisions

    pertaining to pay fixation and pay parity when they
    find such a decision to be unreasonable, unjust and
    prejudicial to a section of employees and taken in

    ignorance of material and relevant factors.”

    18. The Hon’ble Supreme Court in Haryana State

    Minor Irrigation Tubewells Corporation and others vs. G.S.

    Uppal and others (along with connected matters), (2008) 7

    SCC 375, has again reiterated that the judicial review in

    matters of fixation of pay and determination of parity is

    limited, but again reiterated that the Court would be justified

    in interfering with the pay fixation if it finds such a decision to

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    be unreasonable, unjust and prejudicial to a section of

    employees. The relevant paragraphs of the judgment are

    .

    reproduced hereunder:

    “21. There is no dispute nor can there be any to the
    principle as settled in the above-cited decisions of this

    Court that fixation of pay and determination of parity in
    duties is the function of the Executive and the scope of
    judicial review of administrative decision in this regard is

    of
    very limited. However, it is also equally well-settled that
    the courts should interfere with the administrative
    decisions pertaining to pay fixation and pay parity
    rt
    when they find such a decision to be unreasonable,
    unjust and prejudicial to a section of employees and
    taken in ignorance of material and relevant factors.

    [see K.T. Veerappa & Ors. v. State of Karnataka & Ors.
    (2006) 9 SCC 406].”

    22. Mr. M.N. Krishnamani, learned senior counsel assisted

    by Shri Raj Kumar Gupta and Shri A.N.Bardiyar appearing
    for respondents in C.A. Nos. 9244/03 and 9248/03; Mr.
    Rishi Malhotra, Advocate appearing for respondents in C.A.

    9239/2003, in support of the judgment of the Division
    Bench, contended that no exceptions can be taken to the

    well- reasoned judgment recorded by the Division Bench of
    the High Court. They submitted that the Division Bench has
    analysed in great detail the factual situation and legal

    proposition covering the field of controversy, therefore,
    there is apparently no infirmity or perversity in the
    judgment impugned in these appeals inviting interference
    by this Court.

    23. In order to appreciate the rival contentions of the
    learned counsel for the parties, we have scrutinized the
    judgment of the Division Bench of the High Court in the
    backdrop of the factual situation of the case as well as in

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    the light of the principle enunciated in the above-cited
    decisions.

    24. It is well-settled that the State can make reasonable
    classification if it has a nexus with the object sought to be

    .

    achieved. It is admitted position in the present case that

    posts of SDOs/SDEs/AEs can be filled up by the Corporation
    by any one of the three known methods, namely, direct
    recruitment, on promotion or by transfer/deputation. Once

    a person is appointed to a post in a particular cadre, the
    source of his recruitment or the method of his
    appointment becomes irrelevant. The Corporation has

    of
    framed its Service Bye-Laws and by virtue of Rule 5.1 of
    Part-V of the Service Bye-Laws, each post in the
    Corporation will carry a time scale of pay; the present pay
    scale being indicated in Appendix-II and further that the
    rt
    pay scale is subject to revision by the Board, which will,
    however, generally follow the pattern adopted by the

    Government of Haryana from time to time.

    25. The employees of the Corporation, since its inception in
    1970, had been getting the same pay scales as that of the

    employees of the Haryana Government and the Board of
    Directors having already equated the pay scales of the
    Engineers of the Corporation commensurate to the pay

    scales of the Government employees, but the State
    Government has not concurred with the decision of the

    Board of Directors.

    26. By virtue of Clause 81(v) of the Memorandum of
    Association of the Corporation, the Directors of the

    Corporation in their discretion have powers to appoint,
    remove or suspend such Managers, Secretaries, Officers,
    Clerks, Agents and Servants of permanent, temporary or
    special services, as they may from time to time think fit,
    and to determine their powers and duties and fix their
    salaries or emoluments and to require security of such
    amount as they think fit in such instances. The power to fix
    the salaries or emoluments of the employees of the

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    Corporation, thus, specifically rests with the Directors of
    the Corporation and by virtue of Rule 5.1 of Part-V of the
    Service Bye-Laws, as mentioned in the earlier part of the
    judgment, the Corporation had favourably considered the

    .

    claim of the respondents by recommending the same

    scales for them, as were being given to their counterparts
    in the service of the Government Departments.

    27. The proposal of the Board of Directors of the

    Corporation for revision of pay scales to its employees
    came up before the Standing Committee in its meeting
    held on 28.05.1992 and the Standing Committee approved

    of
    the pay scales in a selective manner. The revision in pay
    scales of the Superintending Engineers, Accounts Officers,
    Circle Head Draftsmen, Divisional Head Draftsmen, etc.
    were approved, whereas the revision of pay scales of the
    rt
    respondents, who are AEs/SDOs/SDEs, was postponed and
    it was decided that the matter would be examined

    separately by the Finance Department.

    28. The State of Haryana in its written statement filed
    before the High Court admitted that although the technical

    qualifications of incumbents on the posts of
    AEs/SDOs/SDEs in various Government Departments,
    Boards and Corporations are identical, yet the nature of

    duties and responsibilities, quantum of workload and level
    of technical expertise involved do vary from organization

    to organization depending upon the nature of activities
    undertaken by the respective organizations. It is further
    contended that the salary and allowances of the

    deputationists of the Corporation are governed by the
    terms and conditions of their deputation as decided by the
    Government from time to time. Therefore, the respondents
    cannot be treated and equated at par with the similar
    categories of employees of the State Government.

    29. The learned Single Judge of the High Court as also the
    learned Judges of the Division Bench have considered the
    controversy in detail in their judgments holding the

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    respondents entitled for the revision of pay scales on a par
    with their counter-parts working in the State of Haryana.

    30. It is not in dispute that a deputationist holds the post
    in a particular cadre office for the duration he remains on

    .

    deputation and is a part of that cadre. No material has

    been placed on record by the appellants to show that the
    deputationists are appointed against only certain
    particular posts or that they cannot be posted or

    transferred to the posts held by the respondents. In fact, it
    is an admitted position that the posts are mutually inter-
    changeable. In this situation, it is reasonable to infer that

    of
    a deputationist performs the same duties as those
    performed by other persons working in the cadre. It is also
    an admitted position that the qualifications laid down for
    recruitment in the Corporation are identical to those
    rt
    prescribed in the Departments of the Government. It is
    further clear that the respondents have continued to work

    in the pay scale of Rs.2000-3500 w.e.f. 01.01.1986. As
    against this, their counter-parts in the Government and
    also the persons, who are posted in the Corporation by

    way of deputation, would get the scale of Rs.3000-4500 on
    completion of five years of service and are placed in the
    scale of Rs.4100-5300 (to the extent of 20% of the posts) on

    completion of 12 years of service. The respondents were
    obviously placed at a disadvantageous position. The

    decision of the Government in rejecting the proposal of the
    Board of Directors suffers from the vice of invidious
    discrimination and cannot be sustained because the very

    same decision of the Board with regard to all other
    employees has since been accepted and approved by the
    State Government. On the scrutiny of the material on
    record, it is clear that the appellants did not produce any
    evidence on record to establish that the working
    conditions, responsibilities and nature of duties, etc. of the
    respondents are different from their counter-parts working
    in the same categories in the State Government, Boards

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    and other Corporations, etc. and also the persons who are
    working with the Corporation on deputation.

    31. A careful examination shows that the issue was not
    really about grant of pay scales to Corporation Engineers

    .

    on par with PWD Engineers. When the pay revision took

    place, the revised pay scales that were given to Engineers
    of the State Government were also given to the engineers
    of the Corporation with effect from 1.1.1986 thereby

    maintaining the parity. What was not extended to the
    Corporation employees, which is the subject matter of the
    grievance, is the further revision by way of “removal of

    of
    anomaly in pay scales” given to AEE/AE/SDO/SDE of the
    State Government with effect from 1.5.1989 vide circular
    dated 2.6.1989 of the Finance Commissioner. The real
    question would be whether what is given by way of
    rt
    anomaly removal in the case of Engineers of the State
    Government, should automatically be extended to the

    corresponding categories of engineers of the Corporation.

    32. When, after a pay revision, an anomaly is found in the
    pay scale given to a class of Government servants and

    such anomaly is rectified, it is not a new pay revision but a
    correction of the original pay revision, or an amendment
    to the pay scale that has already been granted. Therefore,

    where the pay revision extended to the government
    servants has already been extended to the employees of

    the Corporation also, it follows that any correction of
    anomaly in the revised pay scale given to the government
    servants should also be made in the case of those who

    were earlier given parity by extending the pay scale which
    is the subject matter of the correction. It should be borne
    in mind that the question whether Corporation engineers
    were on par with PWD Engineers and should be given
    parity in pay scales was already decided when the pay
    scale revision granted to Government (PWD) engineers was
    extended to the corporation Engineers also with effect
    from 1.1.1986. That question did not again arise when the

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    anomaly in the pay revision was rectified with reference to
    the Government engineers. When the anomaly in the pay
    scale of Government engineers was rectified, the
    rectification should apply to Corporation engineers also to

    .

    maintain the parity.

    33. The plea of the appellants that the Corporation is
    running under losses and it cannot meet the financial
    burden on account of revision of scales of pay has been

    rejected by the High Court and, in our view, rightly so.
    Whatever may be the factual position, there appears to be
    no basis for the action of the appellants in denying the

    of
    claim of revision of pay scales to the respondents. If the
    Government feels that the Corporation is running into
    losses, measures of economy, avoidance of frequent
    writing off of dues, reduction of posts or repatriating
    rt
    deputationists may provide the possible solution to the
    problem. Be that as it may, such a contention may not be

    available to the appellants in the light of the principle
    enunciated by this Court in M.M.R. Khan v. Union of India
    [1990 Supp. SCC 191] and Indian Overseas Bank v. I.O.B.

    Staff Canteen Workers’ Union [(2000) 4 SCC 245]. However,
    so long as the posts do exist and are manned, there
    appears to be no justification for granting the respondents

    a scale of pay lower than that sanctioned for those
    employees who are brought on deputation. In fact, the

    sequence of events, discussed above, clearly shows that the
    employees of the Corporation have been treated at par
    with those in Government at the time of revision of scales

    of pay on every occasion.”

    19. The Hon’ble Supreme Court in Union of India vs.

    Dineshan K.K., (2008) 1 SCC 586, has held that the principle of

    “equal pay for equal work” has assumed the status of a

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    21

    fundamental right.

    20. No doubt, it is the task of expert bodies like the

    .

    Pay Commission to determine the pay structure, yet judicial

    review is not altogether excluded. It has been held that in

    cases where there is no dispute with regard to the

    qualifications, duties and responsibilities of persons holding

    of
    identical posts or ranks, but they are treated differently,
    rt
    merely because they belong to different departments, or

    where the basis of qualification for a post is ex facie irrational,

    the Court can interfere.

    21. Again, the Hon’ble Supreme Court in Punjab State

    Power Corporation Limited vs. Rajesh Kumar Jindal and

    others, (2019) 3 SCC 547, has held that it is the duty of the

    employee seeking parity of pay under Article 39(d) of the

    Constitution of India to prove and establish that he has been

    discriminated against, as the question of parity has to be

    decided after consideration of various factors. The relevant

    paragraphs of the judgment are reproduced hereunder:

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    22

    14. “Ordinarily, the courts will not enter upon the task of
    job evaluation which is generally left to expert bodies like
    the Pay Commission etc. The aggrieved employees
    claiming parity must establish that they are unjustly

    .

    treated by arbitrary action or discriminated. In Kshetriya

    Kisan Gramin Bank v. D.B. Sharma and Others (2001) 1
    SCC 353, this Court held as under:- (SCC p.363, Para 7).

    7. The next question that arises for consideration is, as

    to what extent the High Court would be justified in
    exercise of its extraordinary jurisdiction under Article
    226
    to interfere with the findings of an expert body

    of
    like the Equation Committee. In State of U.P. and
    Others v. J.P. Chaurasia and Others
    (1989) 1 SCC
    121, this Court unequivocally held that in the matter
    of equation of posts or equation of pay, the same
    rtshould be left to the Executive Government, who can
    get it determined by expert bodies like the Pay

    Commission, and such expert body would be the best
    judge to evaluate the nature of duties and
    responsibilities of the posts and when such

    determination by a commission or committee is made,
    the court should normally accept it and should not try
    to tinker with such equivalence unless it is shown that

    it was made with extraneous consideration.”

    15. In S.C. Chandra and Others v. State of Jharkhand

    and Others (2007) 8 SCC 279, this Court held as under:-

    33. It may be mentioned that granting pay scales is a
    purely executive function and hence the court should

    not interfere with the same. It may have a cascading
    effect creating all kinds of problems for the
    Government and authorities. Hence, the court should
    exercise judicial restraint and not interfere in such
    executive function vide Indian Drugs &
    Pharmaceuticals Ltd. v. Workmen, Indian Drugs &
    Pharmaceuticals Ltd.
    (2007) 1 SCC 408. ……….

    35. In our opinion fixing pay scales by courts by

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    23

    applying the principle of equal pay for equal work
    upsets the high constitutional principle of separation
    of powers between the three organs of the State.

    Realising this, this Court has in recent years avoided

    .

    applying the principle of equal pay for equal work,

    unless there is complete and wholesale identity
    between the two groups (and there too the matter
    should be sent for examination by an Expert

    Committee appointed by the Government instead of
    the court itself granting higher pay).

    36. It is well settled by the Supreme Court that only

    of
    because the nature of work is the same, irrespective of
    educational qualification, mode of appointment,
    experience and other relevant factors, the principle of
    equal pay for equal work cannot apply vide Govt. of
    rtW.B. v. Tarun K. Roy and Others (2004) 1 SCC 347.”
    The same view was reiterated in Union Territory

    Administration, Chandigarh and Others v. Manju
    Mathur and Another
    (2011) 2 SCC 452; State of Haryana
    and Others v. Charanjit Singh and Others
    (2006) 9 SCC

    321 and in Hukum Chand Gupta v. Director General,
    Indian Council of Agricultural Research and Others
    (2012) 12 SCC 666.

    16. Observing that granting parity in pay scales depends
    upon the comparative evaluation of job and equation of

    posts, in Steel Authority of India Limited and Others v.
    Dibyendu Bhattacharya
    (2011) 11 SCC 122, this Court
    held as under:-

    “30. ……….. the law on the issue can be summarised to
    the effect that parity of pay can be claimed by
    invoking the provisions of Articles 14 and 39(d) of the
    Constitution of India by establishing that the eligibility,
    mode of selection/recruitment, nature and quality of
    work and duties and effort, reliability, confidentiality,
    dexterity, functional need and responsibilities and
    status of both the posts are identical. The functions

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    24

    may be the same but the skills and responsibilities
    may be really and substantially different. The other
    post may not require any higher qualification,
    seniority or other like factors. Granting parity in pay

    .

    scales depends upon the comparative evaluation of

    job and equation of posts. The person claiming parity,
    must plead necessary averments and prove that all
    things are equal between the posts concerned. Such a

    complex issue cannot be adjudicated by evaluating the
    affidavits filed by the parties.”

    ……..

    of
    …….

    ……

    Burden of proof on the person claiming parity of pay
    scale:-

    rt

    20. Ordinarily, the scale of pay is fixed keeping in view the
    several factors i.e.

    (i) method of recruitment;

    (ii) level at which recruitment is made;

    (iii) the hierarchy of service in a given cadre;

    (iv) minimum educational/technical qualifications
    required;

    (v) avenues of promotion;

    (vi) the nature of duties and responsibilities; and

    (vii) employer’s capacity to pay, etc.

    21. It is well settled that for considering the equation of
    posts and the issue of equivalence of posts, the following
    factors had been held to be determinative:-

    (i) The nature and duties of a post;

    (ii) The responsibilities and powers exercised by the
    officer holding a post, the extent of territorial or other
    charge held or responsibilities discharged;

    (iii) The minimum qualifications, if any, prescribed for
    recruitment to the post; and

    (iv) The salary of the post (vide Union of India and
    Another v. P.K. Roy and Others
    AIR 1968 SC 850).

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    25

    22. After referring to P.K. Roy‘s case, this Court, in SAIL,
    held as under:-

    “25. In State of Maharashtra and Another v.
    Chandrakant Anant Kulkarni and Others
    (1981) 4 SCC

    .

    130 and Vice Chancellor, L.N.Mithila University v.

    Dayanand Jha (1986) 3 SCC 7, a similar view has been
    reiterated observing that equal status and nature and
    responsibilities of the duties attached to the two posts

    have to be taken into consideration for equivalence of
    the post. Similar view has been reiterated in E.P.
    Royappa v. State of T.N. and Another
    (1974) 4 SCC 3

    of
    and Sub Inspector Rooplal and Another v. Lt.
    Governor Through Chief Secretary, Delhi and Others
    (2000) 1 SCC 644, wherein this Court following the earlier
    judgment in P.K. Roy AIR 1968 SC 850 held that the
    rt
    salary of the post alone may not be a determining factor,
    the other three criterion should also be fulfilled.”

    23. The burden of proof in establishing parity in pay scales
    and the nature of duties and responsibilities is on the
    person claiming such right. The person claiming parity

    must produce material before the court to prove that the
    nature of duties and functions are similar and that they
    are entitled to parity of pay scales. After referring to

    number of judgments and observing that it is the duty of
    an employee seeking parity of pay to prove and establish

    that he had been discriminated against, this Court, in SAIL,
    held as under:-

    “22. It is the duty of an employee seeking parity of pay

    under Article 39(d) of the Constitution of India to prove
    and establish that he had been discriminated against, as
    the question of parity has to be decided on consideration
    of various facts and statutory rules, etc. The doctrine of
    “equal pay for equal work” as enshrined under Article
    39(d)
    of the Constitution read with Article 14 thereof,
    cannot be applied in a vacuum. The constitutional
    scheme postulates equal pay for equal work for those

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    26

    who are equally placed in all respects. The court must
    consider the factors like the source and mode of
    recruitment/appointment, the qualifications, the nature
    of work, the value thereof, responsibilities, reliability,

    .

    experience, confidentiality, functional need, etc. In other

    words, the equality clause can be invoked in the matter
    of pay scales only when there is wholesome/wholesale
    identity between the holders of two posts. The burden of

    establishing right and parity in employment is only on
    the person claiming such right. (Vide U.P. State Sugar
    Corpn. Ltd. and Another v. Sant Raj Singh and Others

    of
    (2006) 9 SCC 82, Union of India and Another v.

    Mahajabeen Akhtar (2008) 1 SCC 368, Union of India v.
    Dineshan K.K (2008) 1 SCC 586, Union of India and
    Others v. Hiranmoy Sen and Others
    (2008) 1 SCC 630,
    rt
    Official Liquidator v. Dayanand and Others (2008) 10 SCC
    1, U.P. SEB and Another v. Aziz Ahmad (2009) 2 SCC 606

    and State of M.P. and Others v. Ramesh Chandra Bajpai
    (2009) 13 SCC 635)”

    22. In the present case, as noted above, there are no

    posts of Junior Lecturer Assistants in the Schools and the

    petitioners, who are posted as Senior Laboratory Attendants,

    have been discharging duties of the same nature, therefore,

    the petitioners cannot be denied the pay scale of Rs.4400-

    7000. The action on the part of the respondents-State to deny

    the petitioners the pay scale of Junior Lecturer Assistant

    though they are discharging similar duties as Junior Lab

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    27

    Attendants is unreasonable, unjust and violative of Article 14

    of the Constitution of India.

    .

    23. The respondents have not disputed that the

    petitioners are performing the same duties as were

    performed by Junior Lecturer Assistants, and thus the

    petitioners are held entitled to the pay scale of Rs.4400-7000.

    of

    24. Consequently, in view of the detailed discussion
    rt
    made hereinabove as well as the law propounded by the

    Hon’ble Supreme Court, this Court finds merit in the present

    petition and the same is accordingly allowed. The

    respondents are directed to grant the pay scale of Rs.4400-

    7000 to the petitioners w.e.f. 01.01.1996 on notional basis,

    and actual monetary benefits be given to them three years

    prior to the date of filing the present petition. Since the

    petitioners are agitating the matter since long, the arrears

    shall be paid to them, within a period of three months from

    today. The petition is accordingly disposed of. However, there

    shall be no order as to costs.

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    28

    25. Pending miscellaneous application(s), if any, shall

    also stand disposed of.

    .

        17th March, 2026                                ( Jiya Lal Bhardwaj )
    
    
    
    
    
              (ankit)                                             Judge
    
    
    
    
    
                                         of
                          rt
    
    
    
    
    
    
    
    
    
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