It is often observed in government departments that employees are assigned responsibilities of a higher post than their appointed post, but are paid the salary and allowances of a lower post.
For example, a primary school teacher is assigned the duties of a principal, but is paid the salary of an assistant teacher.
This is a balatant violation of the rulings of the Hon’ble Supreme Court and the Hon’ble Allahabad High Court.
In the case of Mrs. Grover v. State of Haryana (AIR 1983 SC 1060), the Supreme Court held that the petitioner was performing her duties as a Basic Education Officer on an acting basis and was therefore entitled to the salary of such a higher post.
Similarly, the Supreme Court, in the case of Secretary-cum-Chief Engineer, Chandigarh v. Hari Om Sharma (AIR 1998 SC 2909), held that if a person is promoted to a higher post or is retained to work in that post, or if arrangements are made for his/her retention in a higher post for a period of time, he/she is entitled to a higher salary.
The Full Bench of the Hon’ble Allahabad High Court, taking into account the above-mentioned decisions of the Supreme Court, held in the case of Dr. Jai Prakash Narayan Singh v. State of Uttar Pradesh (Civil Miscellaneous Writ Petition No. 23627/2014) that the petitioner, while discharging his/her duties as Acting Principal, would be entitled to the salary of the said post.
In the case of Saurabh Pandey vs. State of Uttar Pradesh (WRIA 11121 of 2024), a single bench of Justice Prakash Padia of the Hon’ble Allahabad High Court ordered that in-charge headmasters be paid the same salary as regular headmasters and also ordered the payment of arrears.
Therefore, in light of the above decisions of the Hon’ble Supreme Court and the Hon’ble Allahabad High Court, it can be stated with full seriousness and responsibility that an employee’s salary should be commensurate with the work assigned to him. If an employee is discharging the responsibilities of a higher post, he is entitled to the salary and all allowances of that higher post.
(The author is a practicing advocate at the Allahabad High Court.)
