Teachers In Himachal Cannot Claim Parity Of Pay With Punjab Teachers Merely Because HP Follows Punjab Pay Commission: HP High Court

The Himachal Pradesh High Court dismissed a petition filed by the Himachal Pradesh Polytechnic Teachers Welfare Association and others, seeking parity in pay scales with their counterparts in Punjab, holding that the State of Himachal Pradesh is not bound to follow the pay pattern of the State of Punjab in its entirety, even though it follows the Punjab Pay Commission.The Court remarked that the decision of grant of pay scales is the job of experts who take the decision after considering various relevant aspects and the court did not find any flaw with the decision of Council of ministers which stated that it would entail financial burden and will also create hierarchal imbalance in future. Rejecting the faculty's contention Justice Satyen Vaidya held that: “The mere fact that the State of Himachal Pradesh has been following Punjab's pay pattern does not mean it has bound itself to follow such pay pattern for all intents and purposes,” The Himachal Pradesh Polytechnic Teachers Welfare Association filed a petition before the High Court for directing the state to allow the members of the association four-tier pay scales which has been allowed to their counterparts in the State of Punjab. On 1st January, 2006 the State of Himachal Pradesh notified the H.P. Civil Services (Revised Pay) Rules, 2009 based on the punjab pay pattern. For the lecturers in Department of Technical Education, the State of Punjab allowed benefits of Dynamic Assured Career Progression Scheme and added this category to the Schedule attached to the Punjab Civil Services (Dynamic Assured Career Progression) Rules, 2011. Therefore, Himachal Pradesh Polytechnic Teachers Welfare Association contended that as the state of Himachal Pradesh is following Punjab pattern till date, the State of Himachal Pradesh cannot do hostile discrimination towards the teaching faculty of Government polytechnics. In response, the State Contended that even though the State of Himachal Pradesh takes into consideration Punjab pattern of pay scales which are based on the recommendations of Punjab Pay commission, but while examining the pay scale for the state, the staffing pattern, Recruitment and Promotion Rules, method of recruitment, prescribed educational qualifications, geographical and territorial conditions, natural and financial resources which are State specific are taken into consideration. The Court remarked that the faculty did not have any right to claim parity with their counterparts in the State of Punjab. The final call regarding which recommendations of the Punjab Pay commission it will follow is taken by the State Government.Case Name: Himachal Pradesh Polytechnic Teachers Welfare Associate & another V/s State of H.P. & Ors. Case No.: CWPOA No. 1035 of 2019 a/w CWP No. 501 of 2022Date of Decision: 21.08.2025CWPOA No.1035 of 2019For the petitioners: Mr. Dilip Sharma, Senior Advocate with Mr. Manish Sharma, Advocate.For the respondents: Ms. Seema Sharma, Deputy Advocate General.CWP No.501 of 2022For the petitioners: Mr. Bhuvnesh Sharma, Senior Advocate, with Ms. Vishali Lakhanpal, Advocate.For the respondents: Ms. Seema Sharma, Deputy Advocate GeneralClick Here To Read/Download Order

Teachers In Himachal Cannot Claim Parity Of Pay With Punjab Teachers Merely Because HP Follows Punjab Pay Commission: HP High Court

Mehak Aggarwal

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