Home Nation News Jobs of Judiciary Staff And State Employees Very Different, Fixing Same Pay Scale Not Acceptable: Himachal HC

Jobs of Judiciary Staff And State Employees Very Different, Fixing Same Pay Scale Not Acceptable: Himachal HC

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Jobs of Judiciary Staff And State Employees Very Different, Fixing Same Pay Scale Not Acceptable: Himachal HC

Edited By: Pathikrit Sen Gupta

Last Updated: January 11, 2023, 22:35 IST

The bench held that the chief secretary to the state government of Himachal Pradesh ought to have placed the recommendations of the Chief Justice before the governor for approval on the principle of comity rather than filtering it to lower levels. File pic/PTI

The bench held that the chief secretary to the state authorities of Himachal Pradesh must have positioned the suggestions of the Chief Justice earlier than the governor for approval on the precept of comity relatively than filtering it to decrease ranges. File pic/PTI

The petitioner HC worker affiliation had demanded pay parity with the workers of the adjoining excessive court docket of Punjab and Haryana

The Himachal Pradesh High Court lately quashed the choice of the state authorities taken in 2019 whereby it refused to accede to the suggestions made by the HC Chief Justice for a 20% hike within the present pay scale of the excessive court docket workers.

The bench of Justice Tarlok Singh Chauhan and Justice Sandeep Sharma noticed that the federal government had given no sturdy and cogent causes for refusal of the suggestions.

The court docket stated that so far as the character of duties and tasks shouldered by the employees of the state secretariat and the excessive court docket are involved, there’s a huge distinction.

“Unlike, the State Secretariat, the employees of the High Court should attempt onerous to perform the given activity…The responsibility hours of the employees of the High Court usually and invariably get stretched and prolonged to odd hours and they’re most of the time required to work until late within the night time,” the bench identified.

It further added that most of the work assigned to the staff of the HC is required to be accomplished and/or completed in a time-bound manner and cannot be delayed. “Such nature of work is required to be discharged by the employees of the High Court from the date of the commencement of their service till their retirement,” the bench acknowledged.

Therefore, considering the peculiar nature of work anticipated out of the employees of the judiciary, the court docket held that fixation of the identical scale of pay to the employees of the state secretariat and the employees of the excessive court docket isn’t warranted.

The division bench was coping with a writ petition filed by Himachal Pradesh High Court, Non-Gazetted Employees/Official Employees Association, looking for instructions to the state authorities to convey parity within the pay scales of workers of the HC registry with their counterparts in Punjab and Haryana High Court.

The petitioner affiliation argued that the state of Himachal Pradesh proper from its inception on attaining statehood in 1971 had been following the state of Punjab insofar because the pay scales, allowances, and different facilities are involved.

It, due to this fact, demanded that for the reason that authorities of India granted a hike of 20% within the present pay to the workers serving in Punjab and Haryana High Court with impact from 01.01.2006, an identical provision also needs to be made for the workers of the Himachal Pradesh High Court.

The affiliation additionally knowledgeable the court docket {that a} illustration on this behalf had been made to the HC in 2012, which was “advisable” and “sent” to the state authorities by the High Court Chief Justice in the identical yr.

However, conserving the matter lingering on for a protracted whereas, finally in 2017, the state authorities rejected the proposal submitted by the excessive court docket primarily on the bottom that the workers of the HC had already been granted enhanced pay scales (pay band and grade pay) with impact from 01.10.2012 at par with the pay scales of different state authorities workers.

Thereafter, a gathering was held in 2019, the place the federal government refused to accede to the suggestions made by the Chief Justice.

Regarding this act of the federal government, referring to Article 229 of the Constitution of India, the bench held that the chief secretary to the state authorities of Himachal Pradesh must have positioned the suggestions of the Chief Justice earlier than the governor for approval on the precept of comity relatively than filtering it to decrease ranges.

Accordingly, the court docket put aside the choice of the state authorities and ordered the current judgement to be positioned earlier than the Chief Justice to represent a committee to evaluate the calls for of the petitioner affiliation, conserving in view the duties carried out by the workers of the adjoining excessive courts of Punjab and Haryana and Delhi earlier than once more recommending the demanded pay sample.

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