IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 13617 of 2024 Reserved on: November 20, 2025 Date of Decision: November 28, 2025 Shammi Kumar ….….Petitioner Versus H State of Himachal Pradesh and another ….Respondents __________________________________________________________

Coram:

Hon’ble Mr. Justice Sandeep Sharma, Judge.

1 o Whether approved for reporting?

For the Petitioner: Mr. Onkar Jairath, Advocate.

For the Respondents: Mr. Anup Rattan, Advocate General with Mr.

Rajan Kahol and Mr. Vishal Panwar, Additional Advocates General & Mr. Ravi Chauhan, Deputy Advocate General __________________________________________________________

Sandeep Sharma, Judge The petitioner has filed the present petition, seeking following main reliefs:

“i) That the writ in the nature of Certiorari or any other appropriate writ, order or directions may kindly be issued, quashing the Impugned Order dated 16.10.2017 being illegal, arbitrary, discriminatory, and unconstitutional and against the settled law of service jurisprudence.

ii) That the writ in the nature of Mandamus or any other appropriate writ, order or directions may kindly be issued, directing the Respondents to grant financial enhancement/up gradation under the ACPS on the completion of 8 years of service w.e.f. 08.10.1994 with all consequential benefits and w.e.f. 30.03.2000 on completion of 4 years’ service, 30.03.2005 on completion of 9 years’ service and 30.03.2009 on completion of 14 years’ service.

iii) That in alternate the writ in the nature of Mandamus or any other appropriate writ, order or directions may kindly be issued, directing the Whether the reporters of the local papers may be allowed to see the judgment?

Respondents to remove the pay anomaly of the petitioner and her pay be stepped up at par with her junior namely Shri Vijay Kumar Walia in view of the law laid down by the Apex Court in Madhav Murthy case (Supra) with all consequential benefits including his pension be revised accordingly and he be paid the arrears along with arrears @ 9% Per Annum.”

2. Grievance of the petitioner as put forth in the petition and further canvassed by Mr. Onkar Jairath, learned coounsel for the petitioner is that he became eligible for grant of proficiency increment after completion of eight years as Junior Auditor i.e. on 8.10.1994, but same was not granted to him and his request has been rejected by the respondent Department vide order date 16.10.2017, on the ground that he was granted step-up benefit of Rs.10/- with effect from 1.10.1993 vide office order dated 11.6.1996. Peti- tioner claims that he has not been granted any financial benefit of step up allowed vide letter dated 11.6.1996. Petitioner claims that he is entitled to first prop-step up on completion of eight years as Junior Auditor on 8.10.1994, for grant of increment on completion of four years on the post of Section Officer as on 30.3.2000, on completion of nine years on 30.3.2005 and on completion of fourteen years as on 30.3.2009. Petitioner claims that the instructions dated 7.7.2014 and 9.9.2014, are not applicable to his case being later in point of time. Petitioner also claims that since his junior is drawing higher pay, his pay be stepped up at par with such junior i.e. Shri Parveen Kumar and Vijay Kumar Walia. However, since his representation has been dismissed, petitioner has approached this Court, by way of present writ petition, praying therein for following main reliefs by way of present petition:

3. The petitioner was appointed as Junior Auditor in Local Audit De- partment on 6.10.1986. Thereafter, in 1990, petitioner qualified State Ac- counts Services (SAS) examination and was promoteHd as Section Officer on 30.3.1996 and transferred to ex cadre post in Bhakra Beas Management Board (BBMB), where he opted for pay scales of BBMB, which involved fi- nancial gain. Vide order dated 11.6.1996, the petitioner was granted step in pay at par with his junior Shri Vidya Sagar with effect from 1.4.1993, before completion