'Legal Profession Is Service Oriented, Rooted In Dharma': Punjab & Haryana High Court On Rights Of State Law Officers

Observing that the legal profession is inherently service-oriented and historically rooted in the concept of dharma, the Punjab and Haryana High Court recently underscored the constitutional stature of State Law Officers while holding that their rights cannot be curtailed merely by labelling their engagement as “contractual”.

Justice Sandeep Moudgil said, "The legal profession, at its core, is a service-oriented profession. The history of the legal profession is inseparable from the history of justice itself. The lawyer emerged as a spokesperson for rights, a mediator of disputes, and eventually as an officer of the court. In India, this journey reflects a distinctive civilizational trajectory, rooted in dharma, refined through colonial institutionalization, and transformed by constitutionalism."

The Court added that while lawyering has, over time, become a full-time occupation and the principal source of livelihood for many, its essential character as a profession governed by ethics, independence and responsibility has remained unchanged.

The petitioners, appointed as DAGs and AAGs pursuant to a public advertisement dated 29.12.2017, were engaged initially for one year, extendable annually. Their appointments were governed by engagement letters dated 30.06.2018, which placed them on revised pay scales under the 6th Central Pay Commission along with Non-Practicing Allowance and usual allowances sanctioned by the State Government.

Subsequently, by order dated 18.08.2018, their pay was revised under the 7th Central Pay Commission Pay Matrix.

Following audit objections, the State sought to re-fix their pay and recover alleged excess salary. Show cause notices and recovery orders were issued. The petitioners approached the High Court challenging the reduction in pay scale and the recovery orders, and also sought parity in increments, fixed medical allowance, medical reimbursement, LTC, earned leave and related benefits.

During the pendency of the petition, the State conceded most of the reliefs sought, including restoration of higher pay scales, refixation of increment date from July to January 2019, and enhancement of fixed medical allowance. The dispute ultimately narrowed to denial of medical reimbursement, LTC and earned leave.

The State argued that the petitioners were engaged purely on contract under the Haryana Law Officers (Engagement) Act, 2016. Their engagement was terminable and did not confer the status of Government employees.

As contractual appointees, they were not entitled to LTC, medical reimbursement or earned leave, it added.

The petitioners contended that they were appointed against sanctioned posts pursuant to a public advertisement.They draw salary under regular pay scales under the Haryana Revised Pay Rules, 2016.

It was submitted that their remuneration is charged to the Consolidated Fund under the “Salary” head and tax is deducted as in the case of regular employees.

The Court opined that the petitioners are entitled to the relief claimed by them in terms of LTC, Medical reimbursement and other emoluments.

Consequently, the State was directed to release benefits like LTC, Medical reimbursement and other benefits/emoluments to the officers appointed as AAG/DAG including the petitioners.

The Court made it clear that the exercise shall be completed within a period of 4 weeks from date of receipt of a certified copy of the order.

Also Read: Law Officers Performing Full-Time Duties Can't Be Treated As Contractual; Entitled To Medical Benefits, Earned Leaves: P&H High Court

Ms. Shruti Jain Goyal, Advocate and Ms. Komal Klana, Advocate for the petitioners

Mr. Amit Sahni, Addl. AG Haryana