Court dismisses petition seeking revised pay scales on Punjab pattern; emphasizes executive's authority and limited judicial intervention
In a significant ruling, the Himachal Pradesh High Court has reaffirmed the executive's exclusive jurisdiction over the determination of pay scales and classification of posts, dismissing a petition that sought revised pay scales in line with the Punjab government's standards. The case, titled "Nek Ram and Ors. v. State of H.P.," was decided by Justice Jiya Lal Bhardwaj on March 17, 2026.
The petitioners, who are employees in the Department of Prisons in Himachal Pradesh, argued for a revision of their pay scales from Rs. 3120-5150 to Rs. 3330-6200, effective from January 1, 1996. They contended that their counterparts in Punjab received higher pay scales following a similar revision. However, the court emphasized that the determination of pay scales falls within the domain of the executive and courts should not interfere unless there is evidence of constitutional violations, particularly of Articles 14 and 16.
Justice Bhardwaj cited precedents from the Supreme Court, notably in cases like "P.U. Joshi v. Accountant General, Ahmedabad" and "State of Himachal Pradesh v. P.D. Attri," underscoring that each state has its governance framework and is not bound to adopt the pay scales of another state, even if they follow similar rules. The court also highlighted the complexities involved in job evaluation, suggesting that such tasks are best left to expert bodies like Pay Commissions.
Furthermore, the court dismissed the petitioners' reliance on internal departmental recommendations, clarifying that such notings do not constitute binding government decisions. The judgment reiterates that judicial review in pay scale matters is limited and should only address arbitrary state actions or constitutional breaches.
The court concluded by dismissing the petition due to a lack of merit, refusing to interfere with the executive's decision regarding pay scale determinations, and emphasizing that the petitioners' demand for parity with Punjab's pay scales could not be legally sustained.
Bottom Line:
Determination of pay scales and classification of posts falls exclusively within the domain of the executive. Courts cannot direct the grant of a particular pay scale unless there is a violation of Articles 14 and 16 of the Constitution.
Statutory provision(s): Articles 14 and 16 of the Constitution of India
Nek Ram v. State of H.P., (Himachal Pradesh) : Law Finder Doc id # 2867159
