High Court Condemns Cantonment Board's Arbitrary Pay Denial, Mandates Revised Scales
The Punjab and Haryana High Court has issued a stern directive to a Cantonment Board, compelling it to grant revised pay scales to its employees. The court ruled that the prolonged denial of rightful wages constituted arbitrary and unconstitutional behavior by a public employer, undermining fundamental principles of fairness and justice.
Court's Strong Rebuke on Constitutional Violations
Justice Harpreet Singh Brar, while presiding over the case, emphasized that when a public employer acts capriciously and imposes implicit economic duress on employees, it betrays the constitutional promise of equity. The bench strongly criticized the board's conduct, labeling it as "unbecoming of a public employer" and in clear violation of Articles 14 and 21 of the Constitution of India.
The court held that arbitrary denial of wages not only breaches the trust between employer and employee but also erodes the rule of law and the principles of natural justice. This landmark observation underscores the judiciary's role in safeguarding workers' rights against administrative overreach.
Petitioners' Case for Pay Parity
The petition was filed by Paramjit Singh and other employees serving in various positions under the Cantonment Board. They sought pay parity with similarly placed Punjab government employees, arguing that their qualifications and job responsibilities were identical.
The petitioners highlighted that despite possessing matriculation qualifications along with two-year ITI training, which placed them in a higher skill category, they were remunerated with a lower pay scale applicable to less-qualified staff. This disparity, they contended, was unjust and discriminatory.
Legal Basis and Historical Context
The bench referenced a memorandum of settlement dated May 13, 1969, between Cantonment Boards and employees' federations. This agreement explicitly mandated parity with state government pay scales where posts and qualifications were equivalent. The court noted that the respondent Board had previously sought legal opinion and assured the employees that their claims would be considered if they withdrew earlier litigation—an assurance that was never honored, further exacerbating the injustice.
Court's Detailed Orders and Compliance Mandate
After hearing the plea, the High Court ordered the Cantonment Board to extend the revised pay scale of Rs 140–300 to the petitioners, effective from the date of their initial appointment. Additionally, the court mandated the calculation and release of arrears within a strict timeline:
- Arrears must be calculated within three months.
- Payment must be released within a further period of one month.
- Employees are entitled to interest at a rate of 6% per annum on the arrears, payable from October 12, 2022, until actual realization.
To ensure compliance, the court made it clear that in case of failure to adhere to these directions, the petitioners may file an application for initiation of contempt of court proceedings under constitutional provisions. This underscores the judiciary's commitment to enforcing its orders and protecting employees from prolonged exploitation.
Broader Implications for Public Employment
This ruling sets a significant precedent for public sector employment in India, reinforcing that arbitrary wage policies by government bodies will not be tolerated. It highlights the judiciary's vigilance in upholding constitutional guarantees and ensuring that public employers adhere to principles of fairness and transparency.
The case serves as a reminder that equitable treatment in compensation is not merely an administrative matter but a constitutional imperative, essential for maintaining public trust and the integrity of governance.
