Senior Physical Education Teachers Drawing Less Than Juniors Must Get Their Pay Raised
Himachal's Directors of Physical Education found juniors on the same post drawing a higher basic pay after career-progression benefits. The State said such gaps are never corrected. The High Court has ordered the seniors' pay stepped up.
The Court held it is settled law that a senior cannot be paid less than a junior, even where the gap arises from upgradation under the Assured Career Progression Scheme, relying on Gurcharan Singh Grewal and C.R. Madhava Murthy. The State's instruction refusing such correction could not override that. Denial was arbitrary and discriminatory. Pay must be stepped up from the date juniors began drawing more, with arrears in three months.
- Seniors cannot be paid less than juniors in the same post.
- Career-progression benefits are no excuse for leaving the gap in place.
- A State instruction cannot override settled Supreme Court law.
- Arrears within three months, or interest at 6% runs.
- Court
- High Court of Himachal Pradesh at Shimla
- Bench
- Justice HON'BLE MR. JUSTICE JIYA LAL BHARDWAJ
- Citation
- CWP No. 5301 of 2021
- Case
- CWP No. 5301 of 2021
- Decided
- 10 September 2026
- Outcome
- Writ petition allowed; seniors' pay to be stepped up with arrears
The pay gap
The petitioners were appointed as Directors of Physical Education (DPEs) in Himachal Pradesh in 1997 and teach plus-one and plus-two classes in government senior secondary schools. Earlier litigation had won eligible DPEs the School Lecturer scale.
As the State introduced a new Assured Career Progression Scheme and revised pay rules, an anomaly appeared: juniors on the same post drew more basic pay. In 2020-21, for example, the first petitioner drew Rs 24,440 while a junior drew Rs 25,120.
The State's defence, and why it failed
The State relied on a Finance Department instruction of 3 November 2016 saying pay anomalies caused by career-progression benefits would not be removed by stepping up seniors' pay, because such benefits are personal.
The Court noted it was undisputed that seniors were drawing less than juniors. Relying on the Supreme Court in Gurcharan Singh Grewal, it said it is settled law that a senior cannot get less pay than a junior, even when the gap comes from increments.
In C.R. Madhava Murthy, the Supreme Court upheld stepping up where a junior drew more because of upgradation under the ACP Scheme. M.V. Mohanan Nair, cited by the State, did not apply. Paying a senior less would infringe Articles 14 and 16.
The directions
The State must step up the petitioners' pay and re-fix their basic pay at par with their juniors from the date the juniors started drawing more.
Arrears must be released within three months, failing which interest at 6 per cent a year will run until payment.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
Can a senior be paid less than a junior because of ACP benefits?
The Himachal High Court held no; the senior's pay must be stepped up to remove the anomaly.
From when is the pay stepped up?
From the date the junior started drawing higher basic pay, with arrears due within three months.
If a junior is drawing more pay than you
- Confirm you and the junior are in the same cadre and post.
- Get salary statements that show the gap and when it began.
- Cite Gurcharan Singh Grewal and C.R. Madhava Murthy.
- Ask for stepping up from the date the junior began drawing more.
Source. High Court of Himachal Pradesh at Shimla, CWP No. 5301 of 2021, decided 10 September 2026 by Justice HON'BLE MR. JUSTICE JIYA LAL BHARDWAJ. This explainer is written from the judgment text as reported.
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