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HC sticks to its stand, says no to fixed wages for government staff

While the Gujarat high court order would mean huge monetary benefits to government employees, it will put a huge financial burden on the state exchequer.

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A bench of Acting Chief Justice Bhaskar Bhattacharya and justice JB Pardiwala, on Wednesday, declined to entertain a government plea that sought review of the earlier order of the same court that had directed the state government to give benefits of regular pay scale to the fixed wagers from the date of their appointment.

While the Gujarat high court order would mean huge monetary benefits to government employees, it will put a huge financial burden on the state exchequer. Speaking on the HC order, MM Srivastava, additional chief secretary, finance department, said: "We have not yet received the court order, and cannot comment about its impact."

However, another finance department official said that the order could lead to additional annual burden of anywhere between Rs1,800 crore and Rs2,400 crore on the state government.
On January 20, a bench of acting chief justice Bhaskar Bhattacharya and justice JB Pardiwala had issued a verdict on a PIL and termed the scheme of fixed wages constituted by the government for the government jobs as the 'violation of the fundamental rights' and 'violation of the principle of the equal pay for equal work'.

The bench also directed the state government to modify the present scheme of fixed wages within one month and grant the bottom-level pay scale to the employees of respective cadres, which is recommended by the pay commission and approved by the state government. The court also pointed out that the benefits to the employees shall be given to the employee from their appointment date.

The court also directed the government that the service period of such employees should also be considered in future if the employees were found suitable after the probation period in order to give them retirement benefits.

The HC rejected the contentions raised by the state government that the case should not be considered as it related to the service matter as per the direction of the SC in case of Uttar Pradesh Land Corporation.

A PIL was filed by one NGO Shree Yogkshem Foundation of Human Dignity, through its counsel DJ Bhatt, challenging employment in the government jobs of primary and higher secondary teachers, police constables, police sub-inspectors, and class 3 and class 4 employees.

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