Court Orders Parity with Haryana School Shiksha Pariyojna Parishad Employees, Citing Constitutional Principles of Equality
In a significant judgment, the Punjab and Haryana High Court has ruled in favor of the contractual employees of the National Health Mission (NHM) in Haryana, directing the state government to revise their pay scales as per the 7th Pay Commission. The decision, delivered by Justice Sandeep Moudgil, addresses a long-standing grievance regarding pay disparities between NHM employees and their counterparts in the Haryana School Shiksha Pariyojna Parishad.
The court found the State of Haryana's denial of 7th Pay Commission benefits to NHM employees as arbitrary and discriminatory, breaching Articles 14 and 16 of the Indian Constitution which guarantee equality before the law and non-discrimination in employment. The judgment highlighted that NHM employees were entitled to these benefits under the approved Service Bye-laws, 2018, which align with the pay structure extended to employees of the Haryana School Shiksha Pariyojna Parishad.
Justice Moudgil pointed out that the NHM employees play a crucial role in public healthcare, further underscored by their exceptional service during the COVID-19 pandemic. The court rejected the state's arguments that NHM employees, being contractual and scheme-based, were not entitled to regular pay scales. It stated that the principle of "Equal Pay for Equal Work" applies, affirming that employees performing identical duties should receive similar compensation, irrespective of their employment status.
The court also emphasized the doctrine of legitimate expectation, noting that the consistent application of the Bye-laws over the years created a reasonable anticipation among NHM employees that their existing pay structure would continue. The judgment criticized the administrative delay and bureaucratic hurdles that prevented the implementation of the 7th Pay Commission for NHM employees, urging the state to act as a model employer.
The court ordered the state to revise the pay scale for NHM employees retroactively from January 1, 2016, ensuring they receive the consequential benefits, including arrears with 6% interest per annum. The state has been given twelve weeks to comply with the judgment.
This decision is expected to impact thousands of NHM employees in Haryana, setting a precedent for similar cases across the country where contractual employees seek parity with regular government employees.
Bottom line:-
National Health Mission contractual employees entitled to benefits of the 7th Pay Commission as per approved Service Bye-laws, 2018, and parity maintained with Haryana School Shiksha Pariyojana Parishad employees.
Statutory provision(s): Articles 14, 16 of the Constitution of India, Service Bye-laws, 2018, National Health Mission guidelines, 7th Pay Commission recommendations.
Priyawart v. State of Haryana, (Punjab And Haryana) : Law Finder Doc id # 2928144
