In a significant ruling affecting thousands of healthcare workers across Haryana, the Punjab and Haryana High Court has directed the State Government to extend the benefits of the 7th Pay Commission to employees working under the National Health Mission (NHM). The Court held that the continued denial of revised pay scales despite approved service rules and executive approvals could not be justified in law.
Background of the Case
The petitions were filed by contractual employees working under NHM Haryana, including Staff Nurses, Pharmacists, ANMs, Lab Technicians, Computer Assistants and other healthcare personnel. They sought revision of their pay scales under the 7th Pay Commission and payment of consequential arrears.
The employees argued that NHM's Service Bye-laws, approved in 2018 with Finance Department concurrence, had already extended the benefits of the 6th Pay Commission to them. They further pointed out that employees of the Haryana School Shiksha Pariyojana Parishad had subsequently received 7th Pay Commission benefits and that NHM employees were entitled to similar treatment.
The State opposed the petitions, contending that NHM workers were contractual employees engaged under a centrally sponsored scheme and could not automatically claim benefits available to regular government employees.
Court's Observations
Justice Sandeep Moudgil observed that the dispute was not about regularisation of service but about enforcement of approved service rules governing the employees' pay structure.
The Court noted that NHM employees form the backbone of Haryana's public healthcare system and played a crucial role during the Covid-19 pandemic. It found that the State itself had adopted parity between NHM employees and those working under the education mission framework while implementing the 6th Pay Commission recommendations.
Referring to the principle of equal pay for equal work, the Court relied on Supreme Court precedents and held that arbitrary denial of benefits to one category of employees while extending them to another similarly situated group could not withstand constitutional scrutiny.
The bench observed,
"Having adopted such parity while conferring benefits, the State cannot subsequently abandon the same without disclosing any reason having a rational nexus with the object sought to be achieved."
The Court also took note of official records showing that proposals for extending the 7th Pay Commission benefits had been considered at the highest administrative level and had received approval from the Chief Minister.
Finding on Discrimination
According to the Court, once the Service Bye-laws had been approved and implemented for years, the State could not later question their validity or deny benefits flowing from them.
The judgment held that the distinction drawn between NHM employees and employees of Haryana School Shiksha Pariyojana Parishad lacked a reasonable basis. The Court found that such differential treatment violated the principles of equality enshrined in Articles 14 and 16 of the Constitution.
Decision
Allowing the batch of petitions, the Punjab and Haryana High Court directed the State authorities to revise the pay scales of the petitioners and all similarly situated NHM employees in Haryana in accordance with the 7th Pay Commission.
The Court ordered that the revised pay structure be granted with effect from 1 January 2016, the date from which similarly placed employees under the corresponding framework had received the benefit. It further directed payment of consequential arrears along with interest at 6% per annum. However, arrears were restricted to 38 months preceding the filing of the respective writ petitions.
The Court directed the authorities to complete the exercise within twelve weeks from receipt of the certified copy of the judgment and accordingly allowed all the petitions.
Case Details:
Case Title: Priyawart and Others vs State of Haryana and Others & Connected Matters
Case Number: CWP-29110-2025 and connected cases
Judge: Justice Sandeep Moudgil
Decision Date: 26 May 2026
