Point of Law: In terms of this addendum, revised pay band and grade pay was to be given to DPEs after two years of regular service.

JUDGMENT :

Jyotsna Rewal Dua, J.

Respondents granted revised pay band and grade pay to the post of DPE from 01.11.2014. Petitioners were serving as DPEs on 01.10.2012 i.e. the date from which this benefit was released to 19 other categories/posts in the Education Department. All the petitioners retired before 01.11.2014. They could not get benefit of revised pay band & grade pay. Their grievance in the instant petition is that the aforesaid benefit was required to be released to them w.e.f. 01.10.2012.

2. Facts

2(i) Petitioners were initially appointed as Physical Education Teachers (PET)/Junior Basic Teachers (JBT) and further promoted as DPEs. All the petitioners have now retired. Their initial dates of appointment, dates of promotion as DPEs and dates of retirement given in the petition are as under :-

Applicant No. Applicant Name Initial Appointment Appointment as D.P.E. Date & Place of retirement

1. Nanak Chand 29.04.1980 as P.E.T. 02.11.1989 31.03.2013 Dy. Director Higher Education, Hamirpur

2. Kishan Chand 01.09.2000 as P.E.T. 05.02.2005 30.04.2013 GSSS Bara (Hmr.)

3. Nikka Ram 29.10.1981 as J.B.T. 16.01.2002 30.11.2013 GSSS Dangar (Bilaspur)

4. Dina Nath 26.06.1986 as P.E.T. 29.04.1998 31.10.2014 GSSS Dadhol (Bilaspur)

5. PritamSingh 06.06.1991 as P.E.T. June 1999 31.03.2013 GSSS Maharal (Hmr.)

6. Tripta Devi 01.09.1987 as P.E.T. July 2009 31.03.2014 G(B)SSS Hmr.

2(ii) In exercise of powers conferred by Rule 9 of Himachal Pradesh Civil Services (Category/Post wise Revised Pay) Rules, 2012 read with Rule 3 of the Rules ibid, the respondents issued a notification on 27.09.2012 (Annexure A-1). In this notification, 19 categories/posts were included under Sr. No. 7 “Education Department”. For better comprehension of the issue involved, it would be appropriate to extract hereinafter some parts of this notification :-

“7. Education Department

Sr.No. Name of the category/post Pay Band Grade Pay Remarks, if any Date from which applicable

1 JBT (i) 5910-20200 3000 11470 Initial Start Already existing

(ii) 10300- 34800 4200 This PB & GP will be given after 2 years of regular service 01.10.2012

2. Head Teacher 10300-34800 4400 …… 01.10.2012

7. Drawing Master (i) 10300-34800 3200 13500 Initial start Already existing

(ii) 10300- 34800 4400 This PB & GP will be given after 2 years of regular service 01.10.2012

8. PET (i) 10300-34800 3200 13500 Initial start Already existing

(ii) 10300-34800 4400 This PB & GP will be given after 2 years of regular service 01.10.2012

18. Master Technical-II (Secondary Education) (i) 10300-34800 3200 13500 Initial start Already existing

(iii) 10300-34800 3600 This PB & GP will be given after 2 years of regular service 01.10.2012

19. Multi Instructor (Secondary Education) 5910-20200 2400 …. 01.10.2012”

The category/post of DPE in the Education Department held by the petitioners did not figure in the above table. It is worthwhile to notice here that for all the 19 categories/posts of Education Department included in the above table, the revised pay band and grade pay was made admissible w.e.f. 01.10.2012. The notification granting revised pay band and grade pay to 19 categories/posts in Education Department was issued on 27.09.2012, whereby revised pay band and grade pay was made applicable w.e.f. 01.10.2012.

2(iii) On 01.11.2014, the respondents came up with another notification in exercise of powers conferred by Rule 9 of Himachal Pradesh Civil Services (Category/Post wise Revised Pay) Rules, 2012 read with Rule 3 of the Rules ibid. Under this notification, an addition was made to the categories of posts in the previous notification dated 27.09.2012. By way of addition, the post of DPE held by the petitioners was also included and figured at Sr. No. 20. Revised pay band & grade pay for this post was ordered to be released w.e.f. the date of issuance of the notification i.e. 01.11.2014. Being germane for adjudication of the dispute raised herein, it will be apt to extract this notification :-

“NOTIFICATION

No