Himachal not bound to match Punjab pay scales, rules HC

Shimla: The Himachal Pradesh high court has held that even if the Himachal Pradesh govt adopts the same rules and regulations framed by the neighbouring Punjab govt, it is not obligated to follow the same pay scales granted to the same category of employees in Punjab.The ruling came while dismissing a petition filed by Nek Ram and other employees of the prisons department seeking parity with counterparts in Punjab. The bench headed by Justice Jiya Lal Bhardwaj observed that the court's scope to intervene in such matters is limited and the demand to grant pay scales on a par with Punjab employees could not be accepted under the law. The court emphasised that Himachal Pradesh has its own recruitment and promotion rules, which govern service conditions independently. It reiterated one state is not legally bound to implement rules or compensation structures applicable in another. Even if Himachal considers Punjab's framework while framing policies, it does not create a binding obligation to replicate pay structures. The bench noted that since Himachal govt had not revised pay scales of the petitioners in line with Punjab's pattern, the judiciary could not direct the state to do so. The judgment underscored that determining pay scales falls within the exclusive domain of the executive. It is a settled law that courts can only intervene in such matters if there is a clear violation of constitutional provisions, particularly Articles 14 and 16, which guarantee equality and equal opportunity in public employment. During the proceedings, state govt argued that although it often takes Punjab's pay commission recommendations into account, these are used merely as a reference point. Differences in staffing patterns, recruitment methods, qualifications, geographical conditions, and financial resources require independent decision-making. Accepting this stance, the court concluded that Himachal Pradesh is under no legal compulsion to mirror Punjab's pay scales.