SUMAN RAINA 19 March 2026
P. Venu (Advocate) 19 March 2026
This is a policy matter. Employees can make a joint representation to the Government through proper channel. However, it is unlikely that there could be an issue for judicial review.
All the more, State Government employees cannot claim demand or parity with the Central Government employees unless the State Government has laid down such a policy.
T. Kalaiselvan, Advocate (Advocate) 19 March 2026
This is a constitutionanl issue debatable under the heading of balancing between policy discretion and arbitrariness.
No doubt yoiu can seek remedy under article 14 of the constitution before supreme court.
But court may state that the pay structure differences across States/UTs are permissible unless clearly arbitrary.
However you can put before court that the selective modification (only Level 6) is an arbitrary classification.
You can argue that why only Level 6, why not Level 5, 7, or higher levels and why higher levels (13–17) remain aligned. his raises a classic arbitrariness issue under Article 14.
The Supreme Court held in the following cases
E.P. Royappa v. State of Tamil Nadu
Maneka Gandhi v. Union of India
that the “Arbitrariness itself is equality violation.” If the State cannot justify why only Level 6 is fragmented, your case becomes stronger.
However before filing you may send representation to Government, get official justification or even silence so that you have a strong ground to approach the supreme court with a petition v entiong out your grievances and seek remedy and releif.
Dr. J C Vashista (Advocate ) 20 March 2026
Very well explained and obliged by learned senior experts, which I agree and appreciate their acumen.
Being a State policy issue governing the subject it would be better to seek professional advise of a local senior lawyer practicing service matters in J & K High Court or Supreme Court.
However, generally Courts desist to interfer policy matters.
SUMAN RAINA 20 March 2026
Thank you for your response. I respectfully agree that parity with Central Government employees cannot be claimed as a matter of right, and that pay fixation is generally a policy domain.
However, the Supreme Court has consistently held that policy decisions are not immune from judicial review if they result in arbitrary or discriminatory outcomes under Article 14.
In Randhir Singh v. Union of India (1982), the Hon’ble Supreme Court recognised that unequal pay arising from irrational classification can be tested under Articles 14 and 16.
Further, in State of U.P. v. J.P. Chaurasia, the Court examined whether different pay scales within the same cadre performing identical duties would violate equality, indicating that such internal disparity is constitutionally scrutinizable.
More importantly, in P. Savita v. Union of India, the Supreme Court struck down discriminatory pay structures where the classification had no intelligible basis linked to duties or responsibilities, holding it violative of Article 14.
Therefore, the present issue may not be one of parity with Central Government employees, but whether employees within the same level, with identical starting pay, can be subjected to structurally slower financial progression without a rational basis.
If such internal differentiation leads to a measurable and continuing financial disadvantage, the question arises whether it can withstand the test of reasonable classification and non-arbitrariness under Article 14, despite being framed as a policy.
I would respectfully submit that this brings the matter within the permissible scope of judicial review, not on parity, but on constitutional validity of the classification itself
Dr. J C Vashista (Advocate ) 21 March 2026
@ Suman Raina,
Since you are very learned person and have deeper knowledge on the subject, what else you are searching by posting this query, except to take an examination ?
SUMAN RAINA 27 March 2026
@Dr Vashista Sahab,
Sir, I am just checking the Arsenal I am having is worth to enter in the war against the state lead by intellectual goons.