Madhya Pradesh High Court strikes down probation salary reduction rule

The Madhya Pradesh High Court has struck down a state government rule that provided only 70, 80, and 90 percent of a salary during the probation period for certain employees. An acting division bench comprising Acting Chief Justice Vivek Rusia and Justice Pradeep Mittal ruled that when employees are performing full duties, they must receive the full salary prescribed by recruitment rules.

The court declared the practice unconstitutional, noting that it violated the right to equality under Articles 12 and 14 of the Constitution. Specifically, the court highlighted the disparity between officers recruited through the Public Service Commission (PSC), who receive full pay from the start, and those recruited through the Employee Selection Board (ESB), who were subject to the reduced pay scale.

The ruling mandates that all relevant government employees appointed after the state's November 25, 2019 memo must be paid their full salary for work performed during their probation period. The court clarified that while disciplinary actions like withholding increments are possible for misconduct, the government cannot unilaterally reduce an employee's pay below the scale established in recruitment rules.