Madhya Pradesh High Court Strikes Down 70-80-90 Probation Pay Scheme

Reduced probation pay held discriminatory

The Madhya Pradesh High Court has invalidated the State policy under which certain Class III and Class IV employees received only 70%, 80% and 90% of the minimum pay scale during successive probation years. The policy operated against recruits appointed through agencies other than the Public Service Commission, despite their discharge of regular duties.

The Court found no rational basis for treating similarly placed probationers differently by reference to the recruiting channel. Employees selected through a lawful process and performing the work of the post are entitled to the minimum pay scale under the principle of equal pay for equal work.

Full pay and arrears

The Court directed payment at 100% of the minimum pay scale for the relevant probation period and quashed recovery or deduction conditions founded on the 70-80-90 formula. Eligible employees may claim arrears subject to the operative directions, limitation issues and the precise service records applicable to each case.