IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 218 CWP-12704-2025 (O&M) Date of Decision:- 07.08.2026 Subhash Chander Malik and others … PeƟƟoners Versus State of Haryana and others ... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. R. K. Malik, Senior Advocate with Mr. KarƟkey Chaudhary, Advocate for the peƟƟoners. Ms. Komal Sharma, DAG, Haryana. ***** NIDHI GUPTA, J . Present Civil Writ PeƟƟon under ArƟcles 226 of the ConsƟtuƟon of India has been filed by the peƟƟoner for issuance of a writ in the nature of cerƟorari to quash the speaking order dated 22.08.2024 (Annexure P-7) and speaking order dated 13.03.2025 (Annexure P-10) and further writ in the nature of Mandamus be issued to the respondents to pay the salary to the peƟƟoners who were appointed Laboratory Technicians (Malaria) by way of direct recruitment from the date of their appointments which were being paid to the Laboratory Technicians appointed by way of promoƟon and all arrears be released with market rate interest. 2. It is inter alia submiƩed by ld. Senior counsel for the peƟƟoners that the 170 peƟƟoners herein were appointed as Laboratory Technician NEELAM KUMARI 2026.08.11 10:01 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-12704-2025 (O&M) - 2 - (Malaria) by way of direct recruitment between the years 1993 to 2019, as per the details given in Annexure P-1. 3. It is submiƩed that Laboratory Technicians (Malaria) who had been appointed by way of promoƟon were granted scale of Rs. 1400-2600 w.e.f. 01.01.1986; whereas all Laboratory Technicians (Malaria), such as the peƟƟoners, who had been appointed by way of direct recruitment were granted scale of Rs. 1200-2040 w.e.f. 01.01.1986. ThereaŌer, pay scales of Laboratory Technician (Malaria) appointed by promoƟon were revised to scale of Rs. 5000- 7850 w.e.f. 01.01.1996; and pay scale of Laboratory Technician (Malaria) appointed by direct recruitment was revised to Rs. 4000-6000 w.e.f. 01.01.1996. 4. Accordingly, some Laboratory Technicians (Malaria) who had been appointed by way of direct recruitment had approached this Court by way of CWP-16100-1999 with the prayer that they are enƟtled to the same scale from the date of appointment, which was being granted to the Laboratory Technicians (Malaria) appointed by way of promoƟon. The said writ peƟƟon was allowed by this Court vide order dated 18.04.2022 (Annexure P-2). 5. Pursuant thereto, the peƟƟoners who are similarly placed as the peƟƟoners in the aforemenƟoned CWP-16100-1999, had served advance noƟce of Writ PeƟƟon-cum-Final Demand NoƟce dated 16.05.2022 (Annexure P-3) upon the respondents requesƟng that if peƟƟoners are not granted the scale admissible to promotee Laboratory Technicians (Malaria) from date of appointment within one month, then peƟƟoners will have no alternaƟve except to approach this Court. NEELAM KUMARI 2026.08.11 10:01 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-12704-2025 (O&M) - 3 - 6. As the respondents failed to take any acƟon, peƟƟoners were constrained to file CWP-15149-2022. In the meanƟme, against the aforesaid judgment dated 18.04.2022 (Annexure P-2) of the Single Judge, the respondent- State had filed LPA-949-2022 Ɵtled as State of Haryana and others vs. Rajesh Kumar and others; which came to be dismissed vide judgment dated 18.01.2024 (Annexure P-5). As such, the CWP-15149-2022 filed by the peƟƟoners came to be disposed of by this Court vide order dated 05.02.2024 (Annexure P-6) with a direcƟon to the respondents to consider and decide the pending representaƟons of the peƟƟoners keeping in view the Single Bench judgment dated 18.04.2022 affirmed by the Division Bench vide judgment dated 18.01.2024 (Annexure P-5). 7. Ld. Senior counsel for the peƟƟoners submits that despite the fact that the issue stood seƩled by way of the above said judgments, the respondents passed impugned order dated 22.08.2024 (Annexure P-7) rejecƟng claim of the peƟƟoners on the ground that SLP was pending against order dated 18.01.2024. Ld. senior counsel submits that now even the SLP Diary No.(S). 52743/2024 Ɵtled as The State of Haryana and others vs. Rajesh Kumar and others stands dismissed by the Hon'ble Supreme Court vide order dated 17.12.2024 (Annexure P-8). Yet, respondents have again passed the impugned speaking order dated 13.03.2025 (Annexure P-10). 9. Ld. Senior counsel argues that the issue in the present case stands seƩled up to the Hon'ble Supreme Court. As per Division Bench judgment of this Court in CWP-4382-2022 Ɵtled as Satbir Singh vs. State of Haryana (Annexure NEELAM KUMARI 2026.08.11 10:01 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-12704-2025 (O&M) - 4 - P-4), it has been held that once the controversy has been seƩled by the Court, then respondent-Department should not compel every employee to approach the Court for the same relief. However, these factors have not been considered while passing impugned speaking order dated 13.03.2025 (Annexure P-10). 10. Accordingly, prayed that the present writ peƟƟon be allowed and the speaking order dated 22.08.2024 (Annexure P-7) and speaking order dated 13.03.2025 (Annexure P-10) be quashed and writ in the nature of mandamus be issued to the respondents to pay the salary to the peƟƟoners who were appointed Laboratory Technicians (Malaria) by way of direct recruitment from the date of their appointment which were being paid to the Laboratory Technicians appointed by way of promoƟon and all arrears be released with interest. 11. Per contra, ld. State counsel has submiƩed that the services of peƟƟoners are governed under 'The Haryana Health Department Misc. Staff (Malaria) Group-'C' Service Rules, 1998'. As per provisions of these rules, the post of Lab. Technician (Malaria) is being filled by following two modes: - (i) By Direct Recruitment, or (ii) By Transfer or DeputaƟon of an official already in the service of any State Government of Government of India. As per Appendix 'A' of the above said departmental service rules, the funcƟonal pay scale of the post of L.T. (Malaria) is Rs. 4000-6000. Accordingly, all the peƟƟoners who have been appointed by way of direct recruitment fall in the pay scale of Rs. 4000-6000 on different dates i.e. on 25.01.1999; 28.01.1999; 01.02.1999 and 08.02.1999 respecƟvely. NEELAM KUMARI 2026.08.11 10:01 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-12704-2025 (O&M) - 5 - 12. It is submiƩed that prior to 1990 i.e direct recruitment/appointment of the peƟƟoners, the post of LT (Malaria) was being filled by the way of promoƟon imparƟng training alone from the post of Sanitary Inspectors, Health Inspectors, Small-Pox Supervisors, Health EducaƟon Assistants, Non-Medical Assistants, Surveillance Inspectors, Inspectors VaccinaƟon and Malaria Inspectors etc. who have completed Laboratory Technicians Training/course. Thus, peƟƟoners cannot claim parity. 13. It is further submiƩed that the Finance Department, Haryana vide memo dated 04.07.2024 had advised that the judgment dated 18.04.2022 (Annexure P-2) be implemented only qua the contempt peƟƟoners as a measure personal to them. It is submiƩed that it is in this context that the impugned order dated 13.03.2025 (Annexure P-10) came to be passed. 14. It is submiƩed that vide Government NoƟficaƟon dated 11.10.2023, the cadres of LT (Malaria) and Laboratory Technicians (General) stand merged, whereunder pay scale of Laboratory Technicians (Malaria) cadre has been upgraded at par with Laboratory Technicians (General). Further, aŌer 03.01.2014, qualificaƟon of both the posts, i.e., Laboratory Technicians (Malaria) and Laboratory Technicians (General), have also been equated. 15. It is submiƩed that therefore, in case present claim of the peƟƟoners is accepted and their pay scale is further enhanced, then they would come in higher scale as compared to members of Laboratory Technicians (General) cadre and other categories, which would result in discriminaƟon to the Laboratory Technicians (General) cadre and other categories. It is accordingly prayed that the present writ peƟƟon be dismissed. NEELAM KUMARI 2026.08.11 10:01 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-12704-2025 (O&M) - 6 - 16. No other argument is made on behalf of learned counsel for the parƟes. I have heard ld. counsel and perused the case file and record in detail. I find no merit in the submissions advanced on behalf of the respondent-State. 17. It is undisputed that it is the Pay Commission which is the expert body to decide the pay scales admissible to each cadre. The Pay Commission makes such a determinaƟon aŌer taking into consideraƟon, numerous factors such as condiƟons of appointment, educaƟonal qualificaƟons, duƟes, etc. 18. However, in the present case, it is not the case of the respondent- State that the duƟes being disbursed by or the service condiƟons of the Laboratory Technicians (Malaria) appointed by way of promoƟon are different from the peƟƟoners, who are also Laboratory Technicians (Malaria), although appointed by way of direct recruitment. It is also not disputed that the controversy has rightly been seƩled by the Single Judge vide judgment dated 18.04.2022 (P-2) that no difference can be made in granƟng the scale whether appointed by direct recruitment or appointed by way of promoƟons, when qualificaƟon, duƟes and responsibiliƟes are the same; and the said decision of the Single Judge (P-2) was further upheld by the Hon'ble Division Bench vide judgment dated 18.01.2024 (Annexure P-5); and further upheld by the Hon'ble Supreme Court dated 17.12.2024. The arguments presently sought to be raised on behalf of the respondent-State have already been considered and rejected up to the Hon'ble Supreme Court. So, once the controversy has been seƩled up to Hon'ble Supreme Court the respondents are bound to grant the same relief to the peƟƟoners which is being granted to other similarly situated employees. The respondent-State has been unable to make out any ground whatsoever as to NEELAM KUMARI 2026.08.11 10:01 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-12704-2025 (O&M) - 7 - why the direct recruits to post of Laboratory Technicians (Malaria) have a lower pay scale than that of their counterparts appointed by way of promoƟon. 19. As such, peƟƟoners cannot be denied higher pay scale; also in terms of Division Bench judgment of this Court in Satbir Singh (supra), wherein it has been held that when a judgment has aƩained finality, then it is incumbent upon the State to grant relief to its employees who are similarly situated, without compelling them to approach the Court yet again. 20. Ld. State counsel is unable to controvert or dispute the above said factual and legal posiƟon. Accordingly, the present Writ PeƟƟon stands allowed with a direcƟon to the respondents to consider the case of the peƟƟoners and revise the pay scales of the peƟƟoners from their respecƟve dates of appointment at par with the promotees, while keeping in mind the law as laid down in the above-noted judgments. Arrears payable to the peƟƟoners be also released within a reasonable Ɵme, preferably within a period of six months. 21. Pending applicaƟon(s), if any, also stands disposed of. ( NIDHI GUPTA ) 07.08.2026 JUDGE Neelam Whether speaking /reasoned Yes / No Whether Reportable Yes / No NEELAM KUMARI 2026.08.11 10:01 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh