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2021 Supreme(HP) 973

AJAY MOHAN GOEL
CT Vikash Jamwal, CT No. 675, S/o Sh. Makal Kumar – Appellant
Versus
State Of Himachal Pradesh, Thouugh Principal Secretary (Home) To The Government Of Himachal Pradesh, Shimla-171002, (H. P. ) Road Transport – Respondent


Advocates Appeared:
For the Petitioners:Mr. K.D. Shreedhar, Senior Advocate with Mr. Sourabh Ahluwalia, Advocate)
For the Respondents:M/S Adarsh Sharma, Sumesh Raj and Sanjeev Sood, Additional Advocate Generals With M/S J.S. Guleria and Kamal Kant Chandel, Deputy Advocate Geneals)

ORDER :

1. This petition was initially filed as an original application before erstwhile learned Himachal Pradesh Administrative Tribunal and after the abolition of the learned Tribunal, the same has been transferred to this Court.

2. Brief facts necessary for the adjudication of this petition are as under:-

The case of the petitioners is that respondent-State vide recruitment notice dated 22.06.2012, invited applications from eligible desirous candidates for recruitment against the posts of constables (800 males) in the Himachal Pradesh Police Department in the pay scales of Rs. 5910-20200+Grade Pay Rs. 1900. A copy of the recruitment notice is appended with the petition as Annexure A-1. The pay structure of the constables sought to be so appointed was to be governed by Himachal Pradesh Civil Services (category/Post wise Revised pay) Rules, 2012 ( hereinafter to be referred as the ‘2012 Rules’ for short), copy of which is appended with the petition as Annexure A-2. Finance Department of the Government of Himachal Pradesh vide notification dated 28.09.2012 added certain provisions in the Schedule governing the pay structure of the employees of the Home Department in terms of Rule 9

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