CWP-23017-2017 (O&M) 103 IN THE HIGH COURT OF PUNJAB AND HARYANA AT GURNAM SINGH AND OTHERS STATE OF HARYANA AND OTHERS CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MR Present: Mr. for the Mr. Vivek Chauhan, Addl. A.G., Haryana. SANJEEV PRAKASH SHARMA, J.(Oral) 1. Present applications 2025 have been filed for preponement of the main case as well as disposal of the present writ petition the main case is preponed and taken up today itself. 2. Both the counsel are petition stands concluded by the Coordinate Bench of this Court vide order dated 25.03.2025 passed in bunch of writ petitions with lead case of CWP of Haryana regularly appointed employees. Therefore, this Court has no hesitation to hold that they have a vested right to claim 2017 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-5797-CWP-2025 and GURNAM SINGH AND OTHERS Vs. STATE OF HARYANA AND OTHERS **** HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MRS. JUSTICE MEENAKSHI I. MEHTA **** Mr. Ravinder Malik (Ravi), Advocate for the petitioners. Mr. Vivek Chauhan, Addl. A.G., Haryana. **** SANJEEV PRAKASH SHARMA, J.(Oral) Present applications No.CM-5797-CWP have been filed for preponement of the main case as well as disposal of the present writ petition respetively the main case is preponed and taken up today itself. Both the counsel are ad idem that the issue raised in the present petition stands concluded by the Coordinate Bench of this Court vide order dated 25.03.2025 passed in bunch of writ petitions with lead case CWP-11710-2014 titled as ‘Sarbans Singh and others vs. The State of Haryana and others’, wherein the Coordinate Bench held as under: “95. In the present case, the petitioners are all regularly appointed employees. Therefore, this Court has no hesitation to hold that they have a vested right to claim IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH and CM-5798-CWP-2025 in/and CWP-23017-2017 (O&M) Date of Decision: 28.04.2025 . . . . Petitioners . . . . Respondents HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA MEENAKSHI I. MEHTA , Advocate Mr. Vivek Chauhan, Addl. A.G., Haryana. SANJEEV PRAKASH SHARMA, J.(Oral) CWP-2025 and CM-5798-CWP- have been filed for preponement of the main case as well as respetively. For the reasons stated, the main case is preponed and taken up today itself. that the issue raised in the present petition stands concluded by the Coordinate Bench of this Court vide order dated 25.03.2025 passed in bunch of writ petitions with lead case 2014 titled as ‘Sarbans Singh and others vs. The State , wherein the Coordinate Bench held as under: In the present case, the petitioners are all regularly appointed employees. Therefore, this Court has no hesitation to hold that they have a vested right to claim d (O&M) .2025 Petitioners s - have been filed for preponement of the main case as well as . For the reasons stated, that the issue raised in the present petition stands concluded by the Coordinate Bench of this Court vide order dated 25.03.2025 passed in bunch of writ petitions with lead case 2014 titled as ‘Sarbans Singh and others vs. The State MOHIT GOYAL 2025.04.28 18:04 I attest to the accuracy and integrity of this document CWP-23017-2017 (O&M) "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 Technical posts) Act, 2014 is applicable prospectively qua appointments made after the said enac 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 will be granted t like the petitioners who were not granted the aforesaid pre revised upgraded "technical pay scales" will also be granted the same. The provisions of the Act will be applicable prospectively from the date of its comi force. Government is not in dispute and therefore the constitutional validity of Sections 3 and 4 of the 2014 Act is upheld. 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 "stepped up" at par with their juniors from the date the petitioners were regularised in service. compute the arrears of such difference in pay fro of regularisation of the petitioners and pay the same along with interest @ 6% 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 2017 (O&M) "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 Technical posts) Act, 2014 is applicable prospectively qua appointments made after the said enac 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 will be granted the said pay scale but also the employees like the petitioners who were not granted the aforesaid pre revised upgraded "technical pay scales" will also be granted the same. The provisions of the Act will be applicable prospectively from the date of its comi force. 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 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 fro of regularisation of the petitioners and pay the same along with interest @ 6% 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 "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- Technical 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 he said pay scale but also the employees like the petitioners who were not granted the aforesaid pre- revised upgraded "technical pay scales" will also be granted the same. The provisions of the Act will be applicable prospectively from the date of its coming into 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 (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 (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 regularisation of the petitioners and pay the same along with interest @ 6% 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 date of disbursement of the arrears. The same shall MOHIT GOYAL 2025.04.28 18:04 I attest to the accuracy and integrity of this document CWP-23017-2017 (O&M) be disbursed to the employees concerned, within three months from the date of this judgment. aforementioned writ petitions are disposed of. 3. In view thereto, we terms mutatis mutandis. 4. Applications No. accordingly allowed. 5. All pending applications also stand disposed of accordingly. 28.04.2025 Mohit goyal 1. Whether speaking/reasoned? 2. Whether reportable? 2017 (O&M) be disbursed to the employees concerned, within three months from the date of this judgment. 98. With the directions aforesaid, the aforementioned writ petitions are disposed of. In view thereto, we dispose of the present petition in the aforesaid mutatis mutandis. Applications No.CM-5797-CWP-2025 and CM accordingly allowed. All pending applications also stand disposed of accordingly. (SANJEEV PRAKASH SHARMA (MEENAKSHI I. MEHTA 1. Whether speaking/reasoned? Yes/No 2. Whether reportable? Yes/No be disbursed to the employees concerned, within three months from the date of this judgment. 98. With the directions aforesaid, the aforementioned writ petitions are disposed of.” the present petition in the aforesaid 2025 and CM-5798-CWP-2025 are All pending applications also stand disposed of accordingly. SANJEEV PRAKASH SHARMA) JUDGE MEENAKSHI I. MEHTA) JUDGE Yes/No Yes/No the present petition in the aforesaid are MOHIT GOYAL 2025.04.28 18:04 I attest to the accuracy and integrity of this document