Salary Cut During Probation Period of Employees Illegal: MP HC

 Bhopal: In a significant verdict, the Madhya Pradesh high court has ruled that salary cut during probation period of employees is unlawful.

The high court struck down a circular of General Administration (GA) department of the Madhya Pradesh government dated December 12, 2019, mandating 70 percent salary in the first year, 80 percent in the second year and 90 percent in the third year for the new recruits, calling it violation of the principle of ‘equal pay for equal work’.

Delivering its verdict in the case, the division bench of Justices Vivek Rusia and Deepak Khot ordered the Madhya Pradesh government to return the previously deducted amounts to these employees as arrears.

The bench questioned the justification of the salary cut during the probation period, saying that the employees who are in the probationary period also perform the full scope of their duties and the principle of ‘equal pay for equal work’ applies even during the probation period.

The employees are entitled to full minimum wages for work of a regular nature, the court has ruled.

Any deduction of salary during the probation period is unlawful, the court has held.

The case relates to appointment of Class three and Class four employees under Section 8(1) of the Madhya Pradesh Civil Services (General Service Conditions) Rules, 1961.

The December 2019 circular had differentiated salaries of employees recruited via the MPPSC and those recruited through other agencies.

The bench termed the differentiation as discriminatory.

The high court verdict will benefit a large number of Class three and Class four employees of the Madhya Pradesh government.