Employees in similar positions must receive equal pay benefits regardless of their joining dates, as per the principles of non-discrimination and equal treatment under the law.

JUDGMENT :

Jyotsna Rewal Dua, J.

1. Petitioners’ grievance is that respondents have incorrectly interpreted notifications dated 03.01.2022 (The Himachal Pradesh Civil Services (Revised Pay) Rules, 2022) and 06.09.2022 (The Himachal Pradesh Civil Services (Revised Pay) First Amendment Rules, 2022). The consequence whereof is that pay fixation anomaly has occasioned, resulting in petitioners drawing lesser pay-scale than their own batchmates including some juniors, causing financial loss to them.

2. Background:

(i) Petitioners alongwith 151 others were appointed as Clerks under a common office order issued on 04.09.2019. Their appointments were made on contract basis but in accordance with applicable Recruitment and Promotions Rules (R&P) against sanctioned posts. On 28.12.2021, respondents notified their decision for reducing the service period of contract appointees for regularization from three years to two years for those, who had completed two years continuous service as on 30.09.2021.In accordance with Government decision dated28.12.2021, the petitioners having completed two years of contractual service as on 30.09.2021, were regularized on the recommendation of the Departmental Screening Committee on 30.12.2021. Petitioners were regularized in the pay-band of Rs. 5910-20,200+ 1900 GP +400/- secretariat pay.

(ii) In the meanwhile Himachal Pradesh Civil Services (Revised Pay) Rules, 2022 were notified on 03.01.2022. As per Rule 1(2) whereof, the rules were deemed to have come into force on and w.e.f. 01.01.2016. Rule 7(I) of these Rules provided for fixation of pay of Government employees recruited/appointed before 01.01.2016, whereas Rule 7(II) gave the mechanism for pay fixation of regular government employees recruited/appointed on or after 01.01.2016. The employees were to exercise option in terms of the rules. The petitioners also exercised their options for coming over to the revised pay-scales.

(iii) Respondents issued an office order on 23.02.2022 whereunder pay of 9 Clerks was fixed in the revised pay-scale. As per Annexure-A thereof, pay of five Clerks including two juniors to the petitioners’ was fixed at stage of Rs. 20,800/-, however, vide Annexure-B thereof, petitioners’ pay was fixed at lower stage of Rs.20,200/-. For fixing pay of the Clerks in Annexure-A, the respondents multiplied their existing pay by factor of 2.59 in accordance with Rule 7 of the Revised Pay Rules, 2022, but this method was not used while fixing the pay of the petitioners in Annexure-B. Consequently, the pay of the petitioners’ batchmates and juniors was fixed at the stage of Rs.20,800/- whereas petitioners’ pay was fixed at lower stage of Rs.20,200/-. Thus, anomaly in petitioners’ pay-scale originated.

(iv) On 06.09.2022, the respondents notified Himachal Pradesh Civil Services (Revised Pay) First Amendment Rules, 2022. As per Rule 1(2) thereof, the amendment was deemed to have come into force on 03.01.2022. This notification inserted following Rule 7(A) after Rule 7 in the notification dated 03.01.2022:-

“In exercise of the powers conferred by proviso to article 309 and clause (3) of article 187 of the Constitution of India read with proviso to sub-rule (1) of rule 10 of the Himachal Pradesh Vidhan Sabha Secretariat (Recruitment and Conditions of Service) Rules, 1974, the Governor, Himachal Pradesh, is pleased to make the following rules, to amend the Himachal Pradesh Civil Services (Revised Pay) Rules, 2022 notified vide this Department's Notification No. Fin-(PR}B(7}-1/2021 dated: 3rd January, 2022, namely: -