The Revised Pay Rules apply to all regular employees without discrimination based on the date of regularization, entitling petitioners to higher pay.

JUDGMENT :

(Jyotsna Rewal Dua, J.)

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 Whether reporters of Local Papers may be allowed to see the judgment? Yes 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 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 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

To

The Director of Higher Education Himachal Pradesh, Shimla-1

Subject:- Regarding clarification reg. Fixa