The Madhya Pradesh High Court has struck down State rules and circulars prescribing payment of 70%, 80% and 90% of the minimum pay scale during the first, second and third years of probation. The Division Bench directed that affected employees covered by the concerned departments be paid full salary for the work performed during probation.
The order was passed by a Division Bench comprising Acting Chief Justice Vivek Rusia and Justice Pradeep Mittal at Jabalpur on September 8, 2026. The court decided a batch of connected writ petitions through a common order.
The dispute arose from changes introduced after a November 25, 2019 decision of the State Council of Ministers. Under the revised arrangement, directly recruited employees in several services were placed on three years of probation and were to receive 70% of the minimum pay scale in the first year, 80% in the second and 90% in the third year.
The arrangement was subsequently incorporated into various service rules and implemented through government circulars. The petitions challenged these provisions, including amendments concerning school education employees and provisions under the Madhya Pradesh Civil Services Rules.
The High Court also considered its earlier decisions, including proceedings concerning recovery of amounts from employees who had received the reduced probationary payments.
The Bench found no justification for paying employees 70%, 80% and 90% of the minimum pay scale during probation when they were performing the duties of their posts. It noted that probation may be used to evaluate an employee's suitability for confirmation, but the employees were still required to perform their duties during that period.
The Court observed:
"If 100% work is being taken from them, then there cannot be justification for payment @ 70%, 80% and 90% of minimum pay scale for 1st, 2nd and 3rd years respectively during the probation period."
The Bench also noted that the reduced-pay arrangement applied to Class III and Class IV employees, while the same condition was not imposed on Class I and Class II officers. It held that the distinction could not be justified merely on the basis of probation.
The Court further held that payment below the pay scale prescribed in the recruitment rules could only be made by way of punishment for proven misconduct, and that recovery or deduction from salary required valid justification.
It held that the November 25, 2019 decision was unsustainable and violative of Articles 12 and 14 of the Constitution, and also struck down departmental amendments made pursuant to it.
The High Court struck down the rules and circulars prescribing payment of 70%, 80% and 90% of the minimum pay scale during the first, second and third years of probation.
It directed that government employees covered by the concerned rules, who were appointed after November 25, 2019, be paid full salary for the work performed during their probation period. The connected writ petitions were accordingly allowed.
Case Title: Rahul Singh Kachhwah and Others v. State of Madhya Pradesh and Others
Bench: Justice Vivek Rusia, Acting Chief Justice and Justice Pradeep Mittal
Decision Date: September 8, 2026
