Punjab and Haryana High Court Quashes Notification, Orders Equal Pay for Patwaris: ‘Classification Violates Article 14’

In a significant ruling, the Punjab and Haryana High Court, in a bench presided over by Hon’ble Mr. Justice Sanjeev Prakash Sharma, has quashed a notification that classified Patwaris into Junior and Senior Patwaris with different pay scales. The court held that this classification violates Article 14 of the Constitution of India, which guarantees equality before the law. The judgment was delivered on August 4, 2023, after considering multiple Civil Writ Petitions challenging the discriminatory notification.

The petitioners, who are serving as Patwaris in the Revenue Department of Punjab Government, had contested the 1991 notification that created the distinction in pay scales. The court observed that the method of appointment and nature of duties for all Patwaris were the same, making the classification artificial and unjust.

Hon’ble Justice Sharma remarked, “There is no distinction or classification of Senior or Junior Patwaris in the Cadre, and they perform the same duties without any difference of job description. The classification based solely on seniority in the absence of any promotion channel is arbitrary and untenable.”

The court cited relevant precedents that emphasize the principle of equal pay for equal work and found that the classification based on seniority failed to stand the test of reasonableness and justification. It also rejected the respondents’ argument regarding delay, stating that the continuous wrong suffered by the petitioners entitles them to seek relief, even after the passage of time.

The judgment orders that all petitioners be placed in the higher pay scale of 1350-2400, similar to their Senior Patwari counterparts, and pay fixation should be completed within four months. Furthermore, the court directed the release of arrears in favor of the petitioners.

This ruling sets an important precedent in addressing discrimination in pay scales and upholding the constitutional principle of equality in public service appointments.

Date of Decision:    4^th August, 2023

Baljinder Singh and others vs State of Punjab and others