Chandigarh, April 7: The Punjab and Haryana High Court has ruled that the state government is legally obligated to provide pay and allowances to employees tasked with discharging the duties of a higher post. Justice Namit Kumar, while presiding over the matter, directed that school principals who served as District Education Officers (DEOs) must receive the financial emoluments attached to that superior position for the entire duration of their service in that capacity.
The Court asserted that denying such benefits is unjustified when the performance of higher-level duties is admitted by the state. “The petitioners, who had admittedly performed the duties of the higher post of district education officers, cannot be denied the pay and allowances of the said post,” the Bench declared. The ruling addresses a recurring administrative trend where officials are assigned increased responsibilities without formal promotion or corresponding financial recognition.
The legal challenge was initiated by Sarbjit Singh and others, represented by counsel Dharmender Singh Rawat, seeking the quashing of an order that had stayed promotions. While some petitioners have since been promoted or retired, the counsel maintained that they remained entitled to the salary of the DEO post for the period they were assigned those specific duties to “run the administration.”
In a detailed order, Justice Namit Kumar stated that it is a settled proposition of law that an employee performing the functions of a higher post under competent orders is entitled to the associated pay. The Bench maintained that extracting higher responsibilities without providing the relevant emoluments is arbitrary and violates the principle of “equal pay for equal work.” The authorities have been directed to calculate and release the necessary benefits to the petitioners within three months.
