Policy Changes Made Before Appointment Cannot Be Challenged: High Court

Ranchi: In a recent judgment, the Jharkhand High Court ruled that candidates cannot challenge policy changes that were implemented before their appointment. The ruling came in response to a petition related to a recruitment advertisement issued by the Jharkhand Staff Selection Commission (JSSC) for the posts of compounders and pharmacists.

The original advertisement listed the pay scale for both roles as ?5,200–?20,200 with a grade pay of ?2,800. Although the eligibility criteria for both positions remained the same, an amendment was later made to Rule 16(ii) of the Jharkhand Paramedical Staff Cadre (Appointment, Promotion, and Other Service Conditions) Regulations, 2016. This amendment reduced the grade pay for compounders from ?2,800 to ?1,900.

Following the change, Santosh Kumar and 11 others filed a petition in the High Court, arguing that the reduction in the pay scale was arbitrary and unfair, especially since both posts had identical eligibility criteria and were originally offered the same pay scale.

In response, the state government contended that the petitioners had willingly accepted the revised pay scale at the time of their appointment and therefore could not later demand the original, higher pay. The revision, the state pointed out, had been officially implemented before the petitioners were hired.

The case was heard by a division bench comprising Justice Sujit Narayan Prasad and Justice Pradeep Kumar Srivastava, who upheld the government's position, stating that policy changes made prior to appointment cannot be legally challenged by appointees.