IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2503 of 2024 Date of Decision: 04.06.2025 _____________________________________________________________________ Jogi Ram Bhardwaj ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, fJudge.

Whether approved for reporting? Yes.

For the Petitioner: Mr. A.K.Gupta, Mr. Abhyendra Gupta & Ms.

Babita Chauhan, Advocates.

For the respondents: Mr. Atnup Rattan, Advocate General, Mr. Rajan Karhol, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocate Generals with Mr. Ravi Chauhan, Deputy Advocate General.

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Sandeep Sharma, J. (Oral)

Precisely, the grouse of the petitioner, who at present is workin g as a Fireman in the Department of Civil Defence and Home, is that though vide notification dated 27.09.2012 issued by the Government, pay of different categories of Class-III posts came to be revised, but for no cogent and convincing reason, pay revision in terms of aforesaid notification has been denied to the petitioner, who has been otherwise working in Department of Civil Defence and Home since 2012. Petitioner herein was initially appointed as Fireman on contract basis in September 2012, but subsequently his services were regularized in May, 2020 and since then, he has been working in the pay scale of Rs. 5910-20200 with grade pay of Rs. 1900/- per month, whereas he claims to be entitled to the pay scale of Rs. 10300-34800/-

with grade pay of Rs. 3200/- in terms of notification dated 27.09.2012 issued by the Government of Himachal Pradesh, whereby pay of various categories i.e. Junior Technician, Technician Grade-II, Technician Grade-I, Chargeman Grade-II/Assistant Foreman, Chargeman Grade-I, Foreman Grade-I, Forman Grade-II, Junior Draftsman, Draftsman, Restorer, Record Supervisor, Drivers (Heavy, Light, Commercial Vehicles & staff cars of various departments), Peon, Chowkidar, Sweeper, Mali, Bthishti, Frash & all other Class-IV, Head Mali, Jamadar, Record Lifter, Clerk, Junior Assistant, Senior Assistant, Superintendent Grade-II, Superintendent Grade-I, Steno Typist, Jr. Scale Stenographer, Senior Scale Stenographer, Personal Assistant, Private Secretary, Junior Auditor, Senior Auditor (Non-SAS)

have been revised.

2. Subsequently, vide notification dated 28.09.2012 issued by the Government of Himachal Pradesh, following categories also came to be included for grant of benefit of pay revision, in terms of notification dated 27.09.2012 i.e. Director, Forensic Science Laboratory, Dy. Director, Forensic Science Laboratory, Constable, Head Constable, Assistant Sub Inspector, Sub Inspector, Inspector.

3. While referring to communication dated 05.09.2022 (Annexure P-4), addressed to Principal Secretary (Home), Government of Himachal Pradesh by ADG-cum-Director Fire Services, Himachal Pradesh, Mr. A.K.Gupta, learned counsel for the petitioner states that category of Fireman has been equated with that of Constable, if it is so, benefit of pay revision in terms of notification dated 27.09.2012 ought to have been given to the petitioner.

4. Vide aforesaid notification, Principal Secretary (Home), Government of Himachal Pradesh, has been specifically informed that R&P Rules, both for the post of Fireman and Police Constable prescribe the same basic edutcational qualification i.e. 10+2, rather in addition to above, eligibility criteria prescribed for the post of Fireman also includes Basic Training Course of Himachal Home Guards (60 days) conducted by Himachal Pradesh Home Guards Department and Elementary Fire Course (60days) conducted by Himachal Pradesh Fire Services Department. Hence, the eligibility criteria for recruitment to the post of Fireman is certainly higher than that of Police Constable and other similar categories in other Government Departments of the State. Though vide aforesaid communication, specific request came to be made that post of Fireman may a