Sant Lal v. State Of Haryana And Others
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5 95. In the present case, the petitioners are all regularly employees. Therefore, this Court has no hesitation to hold that they have a vested right to claim "equal pay for equal work". Accordingly, this Court holds that Sections 3 and 4 of the Haryana (Abolition of Distinction of Pay Scale between Technical and Non-Techincal posts) Act, 2014 is applicable prospectively qua appointments made after the said enactment. It is imperative to widen the scope of the proviso to Section 4 to do complete justice between the parties. Therefore, it is held that not only the employees who were already enjoying the benefits of the upgraded pre-revised scales will be granted the said pay scale but also the employees like the petitioners who were not granted the aforesaid pre-revised upgraded 'techincal pay scales' will also be applicable prospectively from the date of its coming into force.
CONCLUSION 96.
In Conclusion, it is held as follows:
(i) The legislative competence of the State Government is not in dispute and therefore, the constitutional validity of Sections 3 and 4 of the 2014 Act is upheld.
(ii) However, Sections 3 and 4 of the 2014 Act will be applicable prospectively from the date the 2013 Ordinance was notified on December 10, 2013 and will be applicable qua the new recruits who were appointed to the posts where technical qualifications have been prescribed as per Section 2(h). (iii) The pay of the petitioners is required to be "stepped up" at par with their juniors from the date the petitioners were regularised in service.
97.
Accordingly, the authorities are directed to compute the arrears of such difference in pay from the date of reguilarisation of the petitioners and pay the same along with interest @ ^% per annum. However, the interest @ 6% per annum shall be restricted to a period of three years prior to filing of the writ petitions and paid till the time of actual date of disbursement of the arrears. The same shall be disbursed to the employees concerned, within three months from the date of this judgment. 98.
With the directions aforesaid, the petitions are disposed of.
99.
Pending application(s) if any, shall also stand disposed of accordingly."
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+8 8 .!!( 8 AJAY KUMAR 2025.08.13 16:38 I attest to the accuracy and integrity of this document Chandigarh