Himachal Pradesh High Court
Inder Singh Thakur & Ors vs State Of H.P. &Ors on 7 April, 2025
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4830 & 2632 of 2023 Date of decision: 07.04.2025
1. CWP No.4830 of 2023 Inder Singh Thakur & Ors. ...Petitioners.
Versus State of H.P. &Ors. ...Respondents.
2. CWP No.2632 of 2023 Vikram Rana & Ors. ...Petitioners.
Versus State of H.P. &Ors. ...Respondents.
Coram:
Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?
For the petitioners : Mr. Yogesh Kumar Chandel, Advocate.
For the respondent : Ms. Menka Raj Chauhan, Deputy Advocate General.
Jyotsna Rewal Dua, Judge Petitioners seek higher stages of pay as per notifications dated 03.01.2022 and 06.09.2022, whereas according to respondents these notifications do not apply to the petitioners.
Since, both the writ petitions involve common questions of law and facts, these are taken up together for 1Whether reporters of Local Papers may be allowed to see the judgment? Yes -2- adjudication. For sake of convenience, facts from CWP No.4830 of 2023 are being referred to hereinafter.
2. Background.
2(i). Petitioners were appointed as Postgraduate Teachers (Informatics Practices) ['PGT (IP)'], now known as Lecturer School (Computer Science), on contract basis in the year 2014. Their services were regularized on different dates during the years 2017 and 2018.
2(ii). Petitioners received Rs.10,300-34,800 + Rs.4200 Grade Pay for the post of PGT (IP).
2(iii). The respondents-State issued a notification on 03.01.2022 promulgating the Himachal Pradesh Civil Services (Revised Pay) Rules, 2022, whereunder pay-scale of Rs.10,300-34,800 + Rs.4200 Grade Pay was revised for regular employees in Level-12 and Cell-I at Rs.43,000/-. The Revised Pay Rules were enforced w.e.f. 01.01.2016. 2(iv). The respondents notified the H.P. Civil Services (Revised Pay), First Amendment Rules, 2022 on 06.09.2022. As per this amendment, the pay of employees of the category/post included in Schedule-I thereto, was fixed at higher pay-stage in the concerned level of pay matrix on -3- completion of two years of regular service. Figuring at Serial No.31 of the Schedule-II, School Lecturers/PGTs were to be given higher pay of Rs.47,000/- after two years of regular service.
2(v). Petitioners' seek higher pay of Rs.47,000/- after two years of regular services, i.e. w.e.f. the year 2019 and 2020. The respondents have declined to grant them higher pay in accordance with notification dated 03.01.2022 as amended on 06.09.2022. Hence, these writ petitions have been filed for the grant of almost identical reliefs. The substantive relief prayed in CWP No.4830 of 2023 reads as under:-
"a. That the writ in the nature of mandamus may kindly be issued to the respondents to extend the benefits of Annexure P-4 to the petitioners by re- fixing the pay of the petitioners @ Rs 47000/- on completion of two years of regular service of petitioners ,the existing pay fixation of petitioners may kindly be held illegal and set aside. The respondents shall be directed that arrears of pay shall be paid to the petitioners on account of such re-fixation of pay of the petitioners along with interest at market rate on delayed payment arrears."
3. Submissions.
Learned counsel for the petitioners has staked the petitioners' entitlement to the higher pay of Rs.47,000/- on -4- completion of two years of regular service by them on the basis of notifications dated 03.01.2022 and 06.09.2022. For opposing this claim, learned Deputy Advocate General canvasses the following stand as pleaded by the respondents in their reply:-
3(i). The notification dated 06.09.2022 came into force w.e.f. 03.01.2022 and is applicable only to those employees whose services were regularized on or after 03.01.2022.
3(ii). Services of the petitioners had been regularized during the years 2017 and 2018. They completed two years of regular service as such in the years 2019 and 2020, i.e. before 03.01.2022, therefore, benefit of notifications dated 03.01.2022 and 06.01.2022 cannot be given to them.
According to the State, benefit of the revised pay-scale notifications dated 03.01.2022 & 06.09.2022 cannot be given to those who had completed two years of regular service prior to 03.01.2022. In support of this contention, reliance was placed upon following advise of the Finance Department as conveyed to the respondent-Education Department on 02.04.2024 (Annexed with reply):-
"From The Secretary (Education) to the Government of Himachal Pradesh -5- To The Director of Higher Education Himachal Pradesh, Shimla-1 Subject:- Regarding clarification reg. Fixation of pay in pursuance to the Civil Services (Revised Pay)-2022.
I am directed to refer to your letter no. Shiksha-Him (19)B (4)-2/2022 dated 18th January, 2024 on the subject cited above and to say that the matter has been examined in consultation with Finance (PR) Department, who has advised as under :-
"Examined in the Finance (PR) Department. It is observed that the notification dated 06.09.2022 have come into force on 03.01.2022 and provides about the benefit of higher pay scales to 89 specific categories appointed before
03.01.2022 after two years of regular service But in the instant case the notification dated 06.09.2022 shall not apply to these Lecturers regularized during 2016 & 2017, as their pay was already been enhanced after two years during 2018 & 2019 respectively. Their fixations had to be done under Rule 7 of the HPCS(RP) Rules, 2022 and as per the option given by them under Rule-6 of the rules ibid. Further. the Rule 3
(a) of the rules ibid provides about protection under these rules i.e. "Appointed day" which means the first day of 2016, on and from which day, effect is to be given to these rules e.g. in the case of a Government employee, who opts for the revised pay structure from the date subsequent to first day of January, 2016, but not later than the day of issuance of this Notification, the appointed day in his case shall mean the day from which he opts for revised pay structure. Even the Clerks who have completed two years of regular service after their regularization prior to the publication of HPCS (RP) Rules, 2022 have gained this enhancement and have opted to fix their pay under Rule 7 of the rules ibid or by 15% enhancement instructions and notification dated 06.09.2022 is also not applicable on them. Therefore, the Department is advised that the first amendment Rules, 2022 notified on -6- 06.09.2022 are not applicable in the case of the Lecturers regularized before 03.01.2022.
You are, therefore, requested to take further necessary action in the matter as per the advice of the Finance Department."
[Emphasis supplied] 3(iii). Learned Deputy Advocate General submitted that as per Rule 3(a) of the Revised Pay Rules, 2022 notified on 03.01.2022, the 'Appointed Day means the first day of 2016, on and from which day, effect is to be given to these rules.' Petitioners having been regularized prior to 03.01.2022 are not entitled for the benefit of the aforesaid notifications dated 03.01.2022 and 06.09.2022. Relevant paras of reply opposing the claim of the petitioners, as pressed into service read as under:-
"1. That the petitioners have filed the present petition for seeking relief to the effect that the respondent be directed to extend the benefit of Annexure P-4 to the petitioner by re-fixing the pay @ 47000/- on completion of two years of regular service.
In this regard it is submitted that the notification dated 6-9-2022, Rulel(2) provides that they shall be deemed to have come into force on 3-1-2022. The services of petitioners were regularized on 4-10-2017 and 2-6- 2018 and completed two years of regular service in the year 2019 and 2020 i.e..before 3-1-2022, therefore this benefit of higher pay of Rs 47000/- cannot be given to the petitioners. Hence the DDO/Treasury rightly rejected the cases of the petitioners for Higher pay of Rs, 47000/- on completion of two years of service as they have completed two years of regular service before 3/1/2022.-7-
2. That this matter was also taken up with the Govt. and the Govt. after taking advise of the Finance Department has conveyed vide letter dated 2-4-2024 that the notification dated 6-9-2022, is not applicable to the lecturers regularized before 3-1-2022. As per advise of the Finance Department the pay of these petitioners have already been fixed after two years of regular service in 2019 and 2020 as such,. Their fixation had to be done under Rule 7 of the HPCS( RP) Rule, 2022 and as per the option given by them under Rule-6 of the rules ibid. further, the Rule3(a) of the rules ibid provides about protection under these rules i.e. Appointed Day" which means the first day of 2016, on and from which day, effect is to be given to these rules e.g. in the case of a Government employee who opts for the revised pay structure from the date subsequent to the first day of January 2016, but not later than the day of issuance of this notification. The appointed day in this case shall mean the day from which he opts for revised pay structure. The copy of letter dated 2-4-2024 is annexed as Annexure R/1. Therefore, the present writ petition is liable to be dismissed in the interest of justice."
3(iv). It was also contended that petitioners had already been given the benefit of higher pay-scale under the notification dated 27.09.2012. Having already received the higher pay-stage under the notification dated 27.09.2012, the petitioners are not entitled to the benefits of notifications dated 03.01.2022 and 06.09.2022.
4. Consideration.
Heard learned counsel for the parties and considered the case file.
4(i). Facts are not in dispute that petitioners were appointed on contract basis during the year 2014. Their -8- services were regularized during the years 2017 and 2018. The petitioners claim the applicability of notifications dated 03.01.2022 and 06.09.2022 to them and seek the higher pay stages granted therein.
4(ii). On 03.01.2022, the respondents notified the H.P. Civil Services (Revised Pay) Rules, 2022. As per Rule 1(2) thereof, the Rules are deemed to have come into force on and with effect from 01.01.2016. Relevant portion of the aforesaid Rules reads as under:-
"1. Short title and (1) These rules may be called the Commencement. Himachal Pradesh Civil Services (Revised Pay) Rules, 2022.
(2) They shall be deemed to have come into force on and with effect from the first day of January, 2016."
4(iii). As per Rule 2(1) of the Revised Pay Rules, 2022 notified on 03.01.2022, the Rules were to apply to all persons appointed on regular basis to the services & posts in connection with the affairs of the State of Himachal Pradesh and whose pay was debited to the Consolidated Fund of State of Himachal Pradesh. The Rule reads as under:-
"2. Application. (1) Save as otherwise expressly provided by or under these rules, they shall apply to all the persons appointed on regular basis to the services and posts -9- in connection with the affairs of the State of Himachal Pradesh and whose pay is debited to the Consolidated Fund of State of Himachal Pradesh.
The Revised Pay Rules, 2022 notified on 03.01.2022, have not been made applicable to following categories in terms of Rule 2(2):-
"2. Application. (2) They shall not apply to the; -
(a) members of the All India Services of Himachal Pradesh cadre;
(b) judicial officers and employees of Subordinate Judiciary in the State whose pay scales are regulated by separate enactment/ order;
(c) employees whose scales of pay have been determined on the recommendations of the University Grants Commission;
(d) persons not in the whole-time employment of the Government of Himachal Pradesh;
(e) persons paid out of contingencies and daily wagers;
(f) work-charged employees;
(g) persons employed on contract basis; and
(h) persons specifically excluded wholly or in part from the operation of these rules.
Services of the petitioners were regularized during the year 2019 & 2020. Petitioners do not fall under any of -10- categories excluded from the purview of the Revised Pay Rules, 2022. Rather, the petitioners being regular employees of the State fall within the ambit of Revised Pay Rules, 2022, as per Rule 2(1) thereof.
4(iv). The notification dated 03.01.2022 promulgating the Revised Pay Rules, 2022 w.e.f. 01.01.2016, does not stipulate that those who were appointed on regular basis prior to 03.01.2022, are to be excluded from the purview of the said notification. In fact, Rule 7 of the Revised Pay Rules, 2022, notified on 03.01.2022 provides the mechanism for fixation of pay in the revised pay structure. Rule 7(I) provides for fixation of pay of Government employees recruited/appointed before 01.01.2016, whereas Rule 7(II) of the notification dated 03.01.2022 provides for fixation of pay of regular Government employees recruited/appointed on or after 01.01.2016 till the date of issuance of the notification. Rule 7 of notification dated 03.01.2022 promulgating Revised Pay Rules, 2022, being relevant is extracted hereinafter:-
"7. Fixation of The basic pay of a Government employee shall, unless in pay in the any case, the Government by special order otherwise revised pay directs, be fixed in the revised pay structure in the structure. following manner:-
(I) Fixation of Pay of Government employees recruited/ appointed before 01.01.2016;-11-
(a) The posts/categories, whose Pay Band and/or Grade Pay was not re-revised after implementation of Revised (Pay) Rules, 2009 ;
The pay in applicable Level in Pay Matrix as on 01.01.2016 shall be the pay obtained by multiplying the existing basic pay as on 31.12.2015 by a factor 2.59, rounded off to the nearest rupee, figure so arrived at, after rounding of, shall be located in the respective Level in the Pay Matrix and same shall be the pay. If no such Cell is available in the applicable Level, the pay shall be fixed at the immediate next higher Cell in that applicable Level of the Pay Matrix. (See Illustration No.1).
(b) The posts/categories, whose Pay Band and/or Grade Pay was re-revised under the Re-Revision 2012:
The pay of a Government employee shall be determined under two methodologies as under, namely:-
(i) Taking into consideration the impact of Re-Revision 2012:
The pay in the applicable Level in the Pay Matrix, as on the 1st day of January, 2016, shall be the pay obtained by multiplying the existing basic pay as on 31.12.2015 by a factor of 2.25, rounded off to the nearest rupee. The figure so arrived at, after rounding, shall be located in the respective Level in the Pay Matrix and same shall be the pay. If no such Cell is available in the applicable Level, the pay shall be fixed at the immediate next higher Cell in that applicable Level of the Pay Matrix. (See Illustration No.2)
(ii) Ignoring the impact of Re-Revision 2012:
The second method involves calculating the notional pay of the Government employee after excluding/ ignoring the benefit of Re-Revision 2012. Under this method, the pay of a Government employee, as on 31.12.2015, shall be fixed notionally, as per Revised (Pay) Rules, 2009, by excluding the benefit of Re-Revision 2012 and presumptive pay so worked out as on 31.12.2015 shall be multiplied by the factor of 2.59 to arrive at the revised pay as on the first day of -12- January, 2016: (See Illustration No.3 and
4) Provided that Government employee whose date of Joining was before 1.1.2016 and benefit of re-revision 2012 was allowed to him on or after 1.1.2016, he shall have the option either to get his pay fixed notionally as on 31.12.2015 under the Revised (Pay) Rules, 2009 and presumptive pay so worked out as on 31.12.2015 shall be multiplied by the factor of 2.59 to arrive at the revised pay with effect from 1.1.2016 or get his basic pay (Pay in the pay band + grade pay) multiplied by a factor of 2.25 to arrive at revised pay on appointed day. The pay so arrived at on appointed day, shall be rounded off to nearest rupee and figure shall be located in the respective Level in the Pay Matrix and same shall be the pay. If no such Cell is available in the applicable Level, the pay shall be fixed at the immediate next higher Cell in that applicable Level of the Pay Matrix. (See illustration NO.5 and 6).
(iii) The Government employee shall be at liberty to choose one of the above two methods, as per Rule 7 (I)(b)(i) or 7(I)(b)(ii), whichever is beneficial to him, to arrive at his revised pay.
(II) Fixation of Pay of regular Government employees recruited/ appointed on or after 01.01.2016 to till the date of issuance of these Rules: The pay of Government employees shall be determined/ revised in following manner:-
(a) The posts/categories, whose Pay Band and/or Grade Pay was not re-revised under Re-Revision 2012:
(i) The date for the purpose of fixation of revised pay shall be the date of joining.
(ii) The Basic Pay (Pay in Pay Band + Grade Pay) admissible on the date of joining shall be multiplied by a factor of 2.59 and rounded off to nearest rupee. The figure so arrived at, after rounding, shall be located in the respective Level in the Pay Matrix and same shall be the pay. If no such Cell is available in the applicable Level, the pay shall be fixed at the -13- immediate next higher Cell in that applicable Level:
Provided that pay of Government employee shall not be less than the minimum pay in First Cell of the applicable Level in Pay Matrix. (See Illustration NO.7 and 8)
(b) The posts/categories, whose Pay Band and/or Grade Pay was re-revised under Re-Revision 2012: The pay of Government employee whose Pay Band and/or Grade Pay was re-revised in 2012 shall be determined/ revised by adopting two methods as under, namely -
(i) Taking into consideration the impact of Re-Revision 2012:
The pay in the applicable level in the Pay Matrix, as on the date of grant of higher pay band and/or grade pay, shall be the pay obtained by multiplying the existing basic pay (Pay in the Pay band + grade pay) by a factor of 2.25 and rounded off to the nearest rupee, The figure so arrived at, after rounding, shall be located in the respective Level in the Pay Matrix and same shall be the pay. If no such Cell is available in the applicable Level, the pay shall be fixed at the immediate next higher Cell in that applicable Level of the Pay Matrix. (See Illustration No.9)
(ii) Ignoring the impact of Re-Revision 2012:
In second method, basic pay (Pay in the Pay Band + Grade pay) of the Government employee, as on date of joining, shall be fixed notionally by excluding/ignoring the benefit of Re- Revision 2012 and presumptive pay so worked out shall be multiplied by a of factor 2.59 and rounded off to nearest rupee. The figure so arrived at, after rounding, shall be located in the respective Level in the Pay Matrix and same shall be the pay. If no such Cell is available in the applicable Level, the pay shall be fixed at the immediate next higher Cell in that applicable Level subject to provision that the pay of Government employee shall not be less than the minimum pay in first Cell of the -14- applicable Level of Pay Matrix. (See Illustration No.10)
(iii) The Government employee shall be at liberty to choose one of the above two methods i.e. 7 (lI)(b)(i) or 7 (lI)(b)(ii), whichever is beneficial to him/her, to arrive at his revised pay.
Note 1. Wherever, word 'applicable Level of Pay Matrix' is appearing in these rules, it shall be the Level of post in Pay Matrix corresponding to the pay band and grade pay of that particular post under the Revised (Pay) Rules, 2009.
Note 2. Where the increment of a Government employee falls on the first day of January, 2016, he shall have the option to draw the increment in the existing scale or in the revised pay structure.
Note 3. A Government employee, who is on leave on the 1st day of January, 2016 and is entitled to leave salary, shall be entitled to pay in the revised pay structure from the p t day of January, 2016.
Note 4. A Government employee under suspension shall continue to draw subsistence allowance based on the existing scale and his pay in the revised pay structure shall be subject to the final order on the pending disciplinary proceedings.
Note 5. The Interim Relief already allowed to the employees from time to time shall be adjusted in the revised emoluments and the employees shall be entitled to draw only the additional amount on account of the difference between the revised emoluments and the emoluments is drawn by the employees on the corresponding date. In case, emoluments in the revised pay structure becomes lower than the emoluments being drawn on the corresponding date, due to payment of Interim Relief, the extra amount, if any, shall be adjusted against the Pay Arrears and future increases of salary on account of grant of annual increments/ dearness allowance etc. (III) Protection of benefits under the existing Assured Career Progression Scheme:
-15-
(i) Where a Government employee was drawing the benefit of increment(s) and lor higher pay scale under the un-revised pay scale before the date of publication of the Himachal Pradesh Civil Services (Revised Pay) Rules, 2022, on account of progression under the Assured Career Progression Scheme of the Government of Himachal Pradesh, he shall be entitled to draw such benefit under the revised pay structure. His pay on the date of grant of such progression shall be fixed by grant of increments at the rate specified in rule 10.
(ii) In case of those Government employees who are entitled to the benefits of increments and/or next higher pay scale on account of progression under the existing Assured Career Progression Scheme of the Government of Himachal Pradesh but their cases have not been finalized before the date of publication of Himachal Pradesh Civil Services (Revised Pay) Rules, 2022, such cases will be dealt in accordance with the provisions of existing Assured Career Progression Scheme as modified from time to time.
(iii) The benefit of existing Assured Career Progression Scheme would not be admissible after the notification of these rules, until separate notification or instructions in this regard is issued by the Government.
(IV) Fixation of pay of employees appointed by direct recruitment on or after issuance of these rules: - The pay of Government employees shall be fixed at 'First Ceil' in the Level of Pay Matrix, applicable to the post to which such employees are appointed."
Services of petitioners having been regularized during the year 2019 & 2020 fall within the ambit of Revised Pay Rules, 2022.
In view of clear provisions of Revised Pay Rules, 2022, notified on 03.01.2022, as amended on 06.09.2022, the stand of the respondents that notification dated 03.01.2022 and more specifically its amendment under -16- notification dated 06.09.2022 will not be applicable to those employees who were in regular service prior to 03.01.2022, cannot be countenanced. Mechanism for fixing the revised pay of the regular Government employees recruited/appointed before 01.01.2016 has been provided under Rule 7(1), whereas fixation of pay of regular Government employees recruited/appointed on or after 01.01.2016 is to be carried out as per Rule 7(II) of the Revised Pay Rules, 2022 notified on 03.01.2022 as amended on 06.09.2022. It cannot be construed from the notifications that Revised Pay Rules, 2022 (as amended) will not be applicable to those who were appointed and whose services were regularized prior to the date of issuance of notification dated 03.01.2022 as amended on 06.09.2022. 4(v). The other contention of learned Deputy Advocate General that since the petitioners' pay had undergone revision in the year 2012 under a notification issued on 27.09.2012, they are not entitled for the benefit of higher pay under the notifications dated 03.01.2022 and 06.09.2022, also lacks merit.
Under the notification dated 03.01.2022 while determining the revised pay of the regular Government -17- employees recruited/appointed before 01.01.2016, due regard has been given to the Re-Revision of pay-scale carried out in the year 2012. Rule 7, more particularly Rules 7(1)(b) and 7(II)(b) of the Revised Pay Rules 2022 notified on 03.01.2022 cater to these situations and offset the impact of Re-Revision while assessing the corresponding revised pay- scales under the Revised Pay Rules, 2022. The Revised Pay Rules, 2022 do not bar the applicability of these Rules in case of those employees, who have been granted benefit of pay revision of the year 2012 under notification dated 27.09.2012. Rather, the Revised Pay Rules, 2022 take into account the impact of the revision of scales in 2012 and then determine the mechanism for coming over to the corresponding revised scale under Revised Pay Rules, 2022. Petitioners, therefore, cannot be deprived from the applicability of Revised Pay Rules, 2022, only on count of their pay having undergone revision in terms of 2012 revision of pay-scales.
4(vi). Respondents' contention that notification dated 06.09.2022 amending the Revised Pay Rules, 2022, is not applicable to the petitioners, is without substance. The notification dated 06.09.2022 granting higher stages of pay -18- to certain categories of posts is an amendment carried out by the respondents to the Revised Pay Rules, 2022 notified on 03.01.2022. Rule 2 of the amendment notification dated 06.09.2022 inserted following Rule 7(A) in the Revised Pay Rules, 2022:-
"2 Insertion of In the Himachal Pradesh Civil Services . Rules 7(A).- (Revised Pay) Rules, 2022, after Rule 7, the following shall be inserted, namely:-
7(A). Fixation of pay of certain
categories.-
(1) This rule shall apply to the
employees, who are appointed
before 3rd January, 2022.
(2) The pay of employee of those
categories/posts included in
Schedule-II shall be fixed at higher pay stage in the concerned level of pay matrix after completion of two years regular service as given in Schedule-II."
By virtue of following Rule 1(2) of the notification dated 06.09.2022, the above rule is to be deemed to have into force on 03.01.2022:-
"1 Short title and (1) These rules may be called Commencement the Himachal Pradesh Civil Services (Revised Pay) First Amendment Rules, 2022 (2) They shall be deemed to have come into force on 3rd January, 2022."-19-
The newly added Rule 7(A) fixed the pay of certain categories of posts at higher stages as per the Schedule appended with the notification. At Serial No.31 of the Schedule is the category of School Lecturers/PGT to which the petitioners belong. As per the Schedule, an incumbent upon appointment as School Lecturers/PGT is to be given Rs.43,000/- and Rs.47,000/- on completion of two years of regular service. Rule 7(A) is applicable to those employees, who were appointed before 03.01.2022. The Schedule reads as under:-
Sr. Name of the Applicable Applicable Remarks, if any.
No. category/post Higher Stage of level as per
Pay. HPCS (RP)
Rules, 2022.
1 2 3 4 5
1. COMMON CATEGORIES
31. School Lecturer/ Rs.43000 Level-12 On regular appointment.
PGT
Rs.47000 After two years regular
service.
It is not understandable as to how the
respondents are denying the applicability of notification dated 06.09.2022 to the petitioners only on the ground that their services were regularized prior to issuance of notification dated 03.01.2022.-20-
4(vii). Rule 7(A) inserted by amendment in the Revised Pay Rules, 2022, under the amendment notification dated 06.09.2022 has become part & parcel of the Revised Pay Rules, 2022, notified on 03.01.2022. Therefore, when the main Rules do not discriminate employees upon their acquiring regular status and are applicable to all regular employees subject to their respective & individual dates of attaining the eligibility for the benefits flowing from Revised Pay Rules, 2022, then the benefits of Rule 7(A) are also to be similarly accorded to the regular employees. There cannot be situations in given facts where incumbents belonging to one category are to receive different pay scales. The employees, who have become regular after 03.01.2022 are also to get benefits of the Revised Pay Rules, 2022, including Rule 7(A) upon their fulfilling the stipulated conditions. Thus, the petitioners on completing two years of regular service are to be released revised pay scale as per Rule 7(A) of the Revised Pay Rules, 2022.
Even if Rule 7(A) of the Revised Pay Rules, 2022, is to be read independently of the Revised Pay Rules, 2022, which seems to be the misplaced contention of the State, then also the petitioners are entitled to the benefit of Rule -21- 7(A). As in such situation also, it has to be held that Rule 7(A) does not place any embargo upon flow of benefits under it to the regular employees. The words used in Rule 7(A) pertaining to its applicability are "employees who are appointed before 03.01.2022," without making any distinction between date of completion of two years of regular service. Revised Pay Rules, 2022, therefore, become applicable and higher stage of pay provided under Rule 7(A) is to be released upon completing requisite number of years of regular service.
5. In view of above discussion, notification dated 03.01.2022 promulgating the H.P. Civil Services (Revised Pay) Rules, 2022 and notification dated 06.09.2022 amending the Revised Pay Rules, 2022, are held applicable to the petitioners. This writ petition is allowed. Respondents are directed to extend the benefit of notifications dated 03.01.2022 and 06.09.2022 to the petitioners. Their pay be accordingly re-fixed from due dates and consequential benefits be granted in favour of the petitioners in accordance with law and aforesaid notifications. This exercise be carried out within four weeks from today.
-22-
The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.
Jyotsna Rewal Dua
7th April, 2025 Judge
(Pardeep)