Punjab and Haryana High Court Upholds 'Catch-Up Rule' for Senior General Category Employee

Court Orders State of Haryana to Align Pay of Senior General Category Employee with Junior Reserved Category Colleague

In a landmark decision, the Punjab and Haryana High Court has ruled in favor of Kailash Chander, a senior employee from the general category, who sought parity in pay with his junior colleague from the reserved category. The judgment, delivered by Justice Sandeep Moudgil, reinforces the application of the "Catch-Up Rule" in service law, upholding the principles of equality and non-discrimination enshrined in the Constitution of India.

The case arose from the petitioner's claim for stepping up his pay at par with Raghubir Singh, a junior Scheduled Caste employee, upon both occupying the post of Zilledar. Chander, initially appointed as Irrigation Booking Clerk/Canal Patwari in 1974, was promoted through various ranks and eventually retired as Zilledar in 2012. Meanwhile, Singh, entering service later, had advanced rapidly due to reservation benefits, achieving the same rank earlier.

The petitioner's claim was initially denied by state authorities on the grounds of unresolved seniority issues. However, the High Court observed that once Chander reached the same post as Singh, the "Catch-Up Rule" should automatically apply, restoring his seniority and entitling him to equal pay. The court emphasized that denying such benefits is discriminatory and violates Articles 14 and 16 of the Constitution, which guarantee equality of opportunity in public employment.

The judgment references pivotal cases including Ajit Singh Janjua v. State of Punjab, establishing precedents for the application of the "Catch-Up Rule," which ensures senior general category employees regain their rightful position once they achieve parity with their juniors from reserved categories.

This ruling mandates the State of Haryana to adjust Chander's pay to match Singh's, with arrears and interest at 6%, to be dispensed within three months. The decision underscores the judiciary's role in maintaining the delicate balance between social justice and meritocracy, ensuring that reservation policies do not inadvertently perpetuate inequality or reverse discrimination.

Bottom Line:

Service Law - Application of "Catch-Up Rule" - Senior general category employee entitled to stepping up of pay at par with junior reserved category employee upon achieving the same post. 

Statutory provision(s): Articles 14, 16, and 335 of the Constitution of India

Kailash Chander v. State of Haryana, (Punjab and Haryana) : Law Finder Doc Id # 2791027