High Court calls probation salary cuts illegal:MP govt plans SC appeal against order; hopes of 1 lakh employees fade

This news is disappointing for nearly one lakh employees in Madhya Pradesh. The state government is preparing to move the Supreme Court against the Jabalpur High Court’s decision on salary deductions during employees’ probation period. Just last month, the High Court declared the controversial probation salary deduction rule of the then Kamal Nath government illegal and discriminatory. The court also directed the state government to refund the full amount, along with arrears, to employees whose salaries had been deducted. Now, if the government approaches the Supreme Court, it could dash hopes of employees receiving arrears worth nearly ₹400 crore. Why is the government preparing to move the Supreme Court instead of paying arrears to employees, and what reasoning is it giving for this? Read the report When Shivraj Singh Chouhan returned as Chief Minister after the Kamal Nath government fell, he had publicly promised to change the rule. Just before the 2023 Assembly elections, he announced on several platforms that the probation period would be reduced from four years to two and the salary deduction would be removed. However, the announcement never materialised and employees continued working under the old rules. Due to unfulfilled government promises and continuous financial losses, employees finally approached the Madhya Pradesh High Court seeking justice. The court clearly stated in its observation- When employees are made to work fully, they should receive full salary. The strongest basis for this decision was also the existence of two different rules for the same position in the state. The circular had created separate rules for employees appointed through Madhya Pradesh Public Service Commission (MPPSC) and those recruited through Employee Selection Board. For employees selected through MPPSC, the probation period was only 2 years and they were receiving full salary from the first year. Meanwhile, employees recruited through Employee Selection Board had to face 4 years of probation and reduced salary. The High Court considered this a clear violation of the right to equality and immediately cancelled the circular dated December 12, 2019. Government’s reasoning behind going to Supreme Court – Difference in recruitment process
According to ministry sources, the government is preparing to approach the Supreme Court. The General Administration Department has sent a proposal to the Finance Department to challenge the High Court’s decision in the Supreme Court. According to sources, the government may present two main arguments in its favor. The government may try to justify different service conditions for both recruitments on this basis. No coordination between departments, little chance of relief
However, legal experts believe that since the High Court’s decision is based on strong legal principles like ‘equal pay for equal work’ and fundamental rights of equality, there is very little chance of the government getting relief from the Supreme Court. Meanwhile, there is also confusion among departments regarding this matter. When Additional Chief Secretary of GAD Sanjay Kumar Shukla was asked about this decision, he said it was a matter for the Finance Department. On the other hand, Additional Chief Secretary of Finance Department Manish Rastogi said that this matter should be looked into by the General Administration Department. Which positions’ employees will benefit? If the government goes to the Supreme Court, it will affect almost all Class III and Class IV employee recruitments conducted by the Madhya Pradesh Employee Selection Board (MPESB). This includes major positions.