Key Facts
The Himachal Pradesh High Court, in a significant ruling, has quashed a state government order and directed that no department can discriminate between employees holding similar posts when granting benefits. The decision came on a petition filed by retired Assistant Engineer Dhanee Ram Verma.
Details of the Case
Justice Ajay Mohan Goel, presiding over the case, ordered the state government to grant the petitioner the higher pay scale under the Assured Career Progression (ACP) scheme, as he had completed nine years of service as an assistant engineer. The court also directed that actual financial benefits be released from the date of the judgment.
Verma was initially recruited as a junior engineer in February 1973 and was promoted to assistant engineer in December 2001. He retired in April 2011. The petitioner argued that another retired assistant engineer from the same department had been granted the higher pay scale (4-9-14 time-bound scale) in 2018, despite not passing the departmental examination. However, when Verma applied for the same benefit, the government rejected his claim on September 6, 2022, stating he had not cleared the departmental exam.
Court's Observations
The court noted that both the employee who received the benefit and the petitioner were in identical situations—neither had passed the departmental examination. Therefore, the department could not grant the benefit to one and deny it to the other. The court emphasized that discrimination of this nature is impermissible under law.
Additionally, the court referred to the 2007 amendment to the Himachal Pradesh Departmental Examination Rules, which exempted gazetted officers above 55 years of age from the mandatory departmental examination for higher pay scales. This exemption applied to the petitioner as well.
Impact of the Ruling
This judgment reinforces the principle of equality among employees and prevents arbitrary decisions by government departments. It ensures that similarly situated employees receive equal treatment in matters of service benefits.
What Readers Should Know
- The ruling applies to all government departments in Himachal Pradesh.
- Employees who have been denied benefits due to discriminatory practices may approach the court for relief.
- The ACP scheme is designed to provide career progression to employees who do not get regular promotions.
FAQ
What did the Himachal Pradesh High Court rule regarding employee benefits?
The court ruled that a department cannot discriminate between two employees holding similar posts when granting benefits, such as higher pay scales under the Assured Career Progression scheme.
Who was the petitioner in this case?
The petitioner was Dhanee Ram Verma, a retired assistant engineer from Himachal Pradesh.
Why was the petitioner denied the benefit initially?
The state government denied the benefit citing that the petitioner had not passed the departmental examination, which was required for higher pay scale under ACP.
What was the court's reasoning for allowing the petition?
The court noted that another employee in similar circumstances (without passing the exam) had been granted the benefit, so denying the petitioner constituted discrimination.