Judgment Mandates Equal Grade Increments for Employees Recruited in the Same Selection Process
In a significant ruling, the Rajasthan High Court has directed the state government to rectify anomalies in the pay fixation of School Lecturers recruited through the same selection process. The court found that granting different increments based on varying dates of joining contravenes Article 14 of the Constitution of India, which ensures equality before the law.
The judgment was delivered by Justice Chandra Shekhar Sharma in the case of Shrutika Chauhan and others versus the State of Rajasthan and others. The petitioners challenged the state's decision to award unequal annual grade increments to employees recruited simultaneously but who joined on different dates. The discrepancy arose when lecturers who commenced their duties before June 30, 2017, received an additional increment compared to those who joined between June 30 and the final cut-off date of July 10, 2017.
Petitioners argued that such differentiation violates the principles of service jurisprudence and the fundamental right to equality. The court concurred, stating that the state must adopt a uniform approach, either considering the earliest joining date or the last cut-off date for granting increments.
The court criticized the reliance on a Finance Department circular that justified the unequal increments, deeming it contrary to established legal principles and the constitutional mandate of equality. Justice Sharma ordered the state to amend its records and ensure all affected lecturers receive equal increments, with necessary corrections to be completed within a month.
The decision underscores the judiciary's role in upholding constitutional rights and ensures fair treatment for government employees.
Bottom Line:
Unequal pay fixation among employees recruited in the same selection process based on different dates of joining is contrary to the principles of service jurisprudence and violates Article 14 of the Constitution of India.
Statutory provision(s): Article 14 of the Constitution of India, Service Jurisprudence principles
Shrutika Chauhan v. State of Rajasthan, (Rajasthan) : Law Finder Doc id # 2863597
