Grant Of Higher Pay To Specific Employees By Court Order Doesn't Give Future Appointees Vested Right To Claim Parity: Uttarakhand High Court
The Uttarakhand High Court has held that the grant of a higher Grade Pay to a specific group of employees pursuant to a court judgment does not create a vested or legally enforceable right in favour of future appointees to claim the same benefit. The Court observed that employees appointed after the issuance of a Government Order restricting the benefit to existing employees, cannot seek...
The Uttarakhand High Court has held that the grant of a higher Grade Pay to a specific group of employees pursuant to a court judgment does not create a vested or legally enforceable right in favour of future appointees to claim the same benefit.
The Court observed that employees appointed after the issuance of a Government Order restricting the benefit to existing employees, cannot seek parity merely because they perform similar duties.
Justice Manoj Kumar Tiwari was hearing a batch of writ petitions filed by Health Workers (Female) appointed in different years pursuant to recruitment advertisements issued in 2016, 2018, 2022 and 2024.
The petitioners were appointed in the pay scale of Rs. 5200-20200 with Grade Pay of Rs. 2000/-. After realising that the Health Workers appointed prior to 2013 were receiving a higher Grade Pay of Rs. 2800/- despite possessing the same qualifications and discharging the same duties, they challenged the Government Order dated 02.05.2013 and the relevant provisions of the 2016 Recruitment Rules that mandated original lesser Grade Pay for the future appointees.
The petitioners sought parity with those employees and claimed that the State government created a sub class within a class without any rational basis, thereby violating Articles 14 and 16 of the Constitution.
The Court noted that this special case granting higher Grade Pay to certain employees was made pursuant to a judgment rendered by the Allahabad High Court in a writ petition filed by Health Workers in the erstwhile State of Uttar Pradesh. However, by Government Order dated 02.05.2013, the State clarified that the revised Grade Pay of Rs. 2800/- would be given to the existing employees as personal pay, while future appointments to the post of Health Worker would carry the original Grade Pay of Rs. 2000/-.
The Court also remarked that fixation and revision of pay scales is primarily an executive function and that courts should exercise restraint in such matters. The Court further observed that the petitioners and the employees who were granted higher Grade Pay as personal pay under a judgment constitute different classes and the classification has reasonable nexus with the object sought to be achieved.
“Article 14 of the Constitution of India provides that equals cannot be treated unequally; however, it also ordains that unequals cannot be treated equally. Health Workers who were in service before 02.05.2013 were given Grade Pay of Rs. 2800/- as Special Pay pursuant to judgment rendered by Hon'ble Allahabad High Court. Petitioners are not protected by that judgment,” the Court observed.
The Court highlighted that the petitioners were appointed after the issuance of the Government Order dated 02.05.2013 and after the coming into force of the Recruitment Rules prescribing Grade Pay of Rs. 2000/-. Also, the petitioners were made aware about the pay under the advertisement and were granted the same. Hence, they couldn't claim foul pay by the State.
Accordingly, finding no merit in the challenge to the Government Order and the Recruitment Rules, the Court dismissed the writ petitions.
Case Title: Mrs. Sudha Pandey & Ors. v. State of Uttarakhand & Ors. [Writ Petition No. 937 of 2025 (SS)] and connected matters.