Chandigarh: The Punjab and Haryana high court directed a Cantonment Board to grant revised pay scales to its employees, holding that the prolonged denial of rightful wages amounted to arbitrary and unconstitutional conduct by a public employer. The HC also observed that when a public employer acts on a whim and causes implicit economic duress to the employee, it betrays the constitutional promise of fairness.Justice Harpreet Singh Brar passed these orders while allowing a petition filed by Paramjit Singh and other employees working on different posts under the Cantonment Board. The petitioners sought parity in pay with similarly placed Punjab govt employees, citing identical qualifications and job responsibilities.The petitioners argued that despite possessing matriculation qualifications along with 2-year ITI training, placing them in a higher skill category, they were paid a lower scale applicable to less-qualified staff.After hearing the plea, the HC ordered the Board to extend the revised pay scale of Rs 140–300 to the petitioners from the date of their initial appointment, along with arrears to be calculated within 3 months and released within a further period of 1 month. The employees were also held entitled to interest at the rate of 6% per annum on the arrears, payable from October 12, 2022, until actual realisation.The bench also held that a memorandum of settlement dated May 13, 1969, between Cantonment Boards and employees’ federations clearly mandated parity with state govt pay scales where posts and qualifications were equivalent. It further observed that the respondent Board itself sought legal opinion and assured the employees that their claims would be considered if they withdrew earlier litigation, an assurance that was never honoured.Strongly criticising the board’s conduct, the court remarked that such behaviour was “unbecoming of a public employer” and violative of Articles 14 and 21 of the Constitution. It held that arbitrary denial of wages not only breached trust but also undermined the rule of law and principles of natural justice.The HC also made it clear that, in case of failure to comply with its directions, the petitioners may file an application for initiation of contempt of court proceedings under the constitutional provisions.
