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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Review Petition No.45 of 2026

Decided on: 18th May, 2026 ------------------------------------------------------------------------------------- Chaman …..Petitioner

Versus

State of H.P. and others .....Respondents -------------------------------------------------------------------------------------

Coram

Ms. Justice Jyotsna Rewal Dua

Whether approved for reporting?1 For the Petitioner: Mr. Rajender Singh Thakur, Advocate.

For the Respondents: Mr. Anup Rattan, Advocate General owith Mr. Y.P.S. Dhaulta, Additional

Advocate General, for respondents No.1 to 3.

Mr. Surya Chauhan, Advocate, for respondent No.4.

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Jyotsna Rewal Dua, Judge

Petitioner seeks review of Chaman Versus

iState of H.P. & Ors.2. In terms of the said decision, the writ petition preferred by the petitioner was dismissed as under:-

“5. In view of above, the respondents have justifiably issued the impugned order refixing and bringing down petitioner’s pay at par with that of his immediate senior i.e. respondent No.4. However, having held so, the recovery of excess payment made to the petitioner on account of previous incorrect fixation of his pay cannot be countenanced. The excess payment was

1 Whether reporters of print and electronic media may be allowed to see the order? Yes

2 CWP No.3646/2024, decided on 14.10.2025

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made to the petitioner not on account of any fault on his part, but due to an error committed by the respondents re-fixing petitioner’s pay incorrectly by acting upon incorrect option furnished by him at the relevant time, and thereby releasing higher pay to the petitioner than

his immediate senior respondent No.4.

Accordingly, respondents’ action in issuing impugned office order dated 16.02.2025 (Annexure P-14) is affirmed to the extent it brings down & fixes petitioner’s pay at par with that of immediate senior i.e. respondent No.4, however, remaining part of Annexure P-14 ordering recovery of excess fpayment made to the petitioner due to wrong fixation of his pay is quashed

and set aside.”

2. Heard learned counsel for the parties and considered the case file. r

3. While dismissing Chaman2, office letter/ instructions dated 10.02.2022 were kept in view, para 3 whereof stipulated that ‘a government employee would have the option to switch over to the revised pay structure from the date of promotion’. Petitioner had exercised option for coming over to the revised pay scale from the date of his

iplacement as Junior Assistant w.e.f. 20.10.2021. Holding the same to be the date of his placement & not promotion; finding that respondent No.4 therein had exercised option under the same office instructions after completion of two years of regular service as Clerk and the fact that Clerk is placed as Junior Assistant & not promoted as such, it was held that error having come to the notice of the competent authority, was justly rectified by the respondents in

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re-fixing and bringing down petitioner’s pay at par with that

of his immediate senior, i.e. respondent No.4.

4. Petitioner has filed this review petition primarily

replying upon office letters/clarifications dated 31..03.2022 and 19.05.2022 (Annexure P-2). In terms of the clarifications, ‘placement on higher scale i mplies promotion for the purpose of office instrucotions dated 10.02.2022’. Learned Additional Advocate General has also placed on record office instructions dated 22.04.2026 from the Department of Foodu, Civil Supplies and Consumer Affairs, Himachal Pradesh, inter alia, placing on record an office letter dated 16.04.2026, conveying that the matter was examined in consultation with the Finance Department,

who rendered following advice:-

“Examined in the Finance (PR) Department. It is observed that the proposal of the Department is regarding change of option of the Seniors

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