Junior's pay under revised rules with 15% enhancement cannot exceed senior's; refixation at par upheld if due to incorrect option, but excess recovery quashed if departmental error.

JUDGMENT :
Jyotsna Rewal Dua , J.

Petitioner feels aggrieved against the office order dated 16.02.2024 issued by the respondents fixing his pay at par with that of his immediate senior/respondent No.4 w.e.f. 21.10.2018 and thereby also ordering recovery of excess payment made to the petitioner due to alleged wrong fixation of his pay, in equal monthly installments.

Heard learned counsel for the parties and considered the case file. I have also heard Mr. Rohit, Deputy Controller (Finance & Accounts) Department of Food & Civil Supplies, who has attended the hearing pursuant to the order passed in this case on 18.09.2025.

2. The case.

2(i) Petitioner was appointed as Clerk on contract basis on 14.09.2011. Respondent No.4, senior to the petitioner was appointed as Clerk on contract basis on 25.08.2011. Both were appointed in the pay scale of Rs. 5910+1900= 7810/-.

2(ii) On completion of five years of contractual service, petitioner was regularized as Clerk on 21.10.2016. Similarly, respondent No.4 was also regularized as Clerk of completion of five years on contract service.

2(iii) On completion of two years of service on the post of Clerk, petitioner and respondent No.4 were placed in pre-revised scale of Rs. 10300+3200=13500/-. Subsequently both of them were placed as Junior Assistants on 20.10.2021 in the pay-scale of Rs.11560/-+3600=15160/-.

2(iv) The Himachal Pradesh Civil Services (Revised Pay) Rules, 2022 ( REVISED PAY RULES 2022 in short) were notified on 03.01.2022. These rules came into force on and w.e.f. 01.01.2016.

Rule-6 thereof pertained to exercise of option by the government servant for coming over to the revised pay-scale. The option was to be exercised in the form appended with the rules within one month from the date of the notification of the rules.

Rule-6(4) stipulated that option once exercised, shall be final. The rule reads as under: -

6. Exercise of option. (1) The Government employee shall exercise option in the Form appended to these rules so as to reach the authority specified in sub-rule (2), within a period of one month from the date of notification of these rules:

Provided that:-

(i) in the case of a Government employee, who on the date of notification of these rules, is out of India or on leave or on deputation or on foreign service or on active service, the option shall be exercised in the said Form so as to reach the said authority within a period of one month from the date of his taking the charge of his post under the State Government, if that date is later than the date specified in this sub-rule; and(ii) where a Government employee is under suspension on the date of notification of these rules, the option shall be exercised within a period of one month from the date of his return to his duty, if that date is later than the date specified in this sub-rule.

(2) The option in the Form shall be submitted by the Government employee to the Head of the Office.

(3) If the option is not received within the time specified in sub-rule (I), the Government employee shall be deemed to have opted/ elected to be governed by the revised pay structure with effect from first day of january, 2016. The Head of the Office shall determine his pay in the revised pay structure with reference to provisions of rule 7 of these rules.

(4) The option once exercised shall be final.

Note 1. Persons, whose services were terminated on or after the first day of january, 2016 and who could not exercise their option within the specified period, on account of discharge on the expiry of the sanctioned posts, resignation, dismissal or discharge on disciplinary grounds, shall be entitled to the benefits under these rules, if otherwise admissible.

Note 2. Persons, who have died on or after the first day