##PAGE1##

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWPOA No. 8070 of 2019

Decided on: 18.05.2026

Kamal Jit Sharma and others .…Petitioners.

Versus

State of HP and others … Respondents.

……………………………………………………………………………………

Coram

The Hon’ble Mr. Justice Jiya Lal Bhardwaj, Judge.

Whether approved for reporting?

For the petitioners. : Mr. Ashwani Kaundal, Advocate.

For the respondents. : Mr. Amandeep Sharma, Additional Advocate

General.

Jiya Lal Bhardwaj , Judge (Oral)

The petitioners have laid challenge to the impugned

order dated 26.07.2016 (Annexure A-1), whereby the pay of the

petitioners, who were granted the pay band after their

regularization as TGTs in the pay band of Rupees 10300-34800 +

3,600/- grade pay with initial start of Rupees 10830 +3600 and

other allowances, as admissible from time to time, came to be

reduced to the initial start of Rupees 10300-34800 + 3600 grade

pay.

2. The facts, as emerge from the pleadings, are that the

petitioners were appointed as TGTs on contract basis in the year

1 Whether reporters of the local papers may be allowed to see the judgment?

::: Downloaded on - 20/05/2026 22:17:48 :::CIS

2

2008 on a fixed honorarium at the rate of Rupees 8,220/- per

month in different schools, where they joined their services.. In

the year 2009, the respondents had revised the pay scale of the

State Government employees w.e.f. 01.01.2006 and accordingly

vide Notification dated 26.08.2009, the pay of category of the

petitioners was revised to the pay band of Rs. 10300-34800 +

3600 grade pay. As per ofÏce order dated 22.06.2015 (Annexure

A-3), the services of the pet itioners were regularized on

completion of 05 years services as on 31.03.2015 and they were

granted the pay band of Rupees 10300-34800 plus grade pay

3600/- with initialo start of Rupees 10830+3600 plus other

allowances, as admissible from time to time with immediate

effect. After regularization of their services, the petitioners were

grantehd the pay of Rs. 14,430/-. However, later on respondent

No.2 had passed the impugned order dated 26.07.2016, thereby

fixing the pay of the petitioners at the initial start of Rs. 10300-

H 34800 + grade pay 3600/- plus other allowances, which came to

Rupees 13,900/- plus other allowances. After the issuance of the

said ofÏce order, the respondents started making recovery from

the petitioners.

3. The respondents have filed reply to petition and

averred that as per Himachal Pradesh Civil Services

(Category/Postwise Revised Pay) Rules, 2012, (for short ‘Rules,

2012’), the employees were to be allowed in the initial pay

mentioned in column no. 8 under general conversion table of

::: Downloaded on - 20/05/2026 22:17:48 :::CIS

3

schedule appended to Himachal Pradesh Civil Services (Revised

Pay) Rules, 2009 (for short ‘Rules, 2009’). The pay. of

Government servant appointed after 24.09.2012 is to be fixed

under the provisions of Himachal Pradesh Civil Services

(Caregory/Postwise Revised Pay) Rules, 2012 with reference to

the schedule attached to the 2012 pay Rules and not to the

schedule attached to the 2009 pay Rules. As per Rules, 2012,

the pay of the petitioners was to b e fixed at the minimum of Pay

Band plus grade pay, i.e. 10300+3600=13,900 instead of

10830+3600=14,430, being regular appointee on or after

24.09.2012. Howevoer, when it came to the notice that the

petitioners had wrongly been given the benefit, directions were

issued to pay them the initial start in the Pay Band of Rupees

10300h-34800 plus grade pay Rs. 3600/- i.e.

10300+3600=13,900/- instead of 10830+3600=14,430/-.

The respondent-State had also directed all the field ofÏces, vide

H letter dated 27.07.2016 to adjust the excess payment made in

future enhancement. It is, therefore, averred that the order

issued by the respondents-State is just, fair and legal as any

mistake shall be rectified as and when it comes to the notice and

shall not to be repeated.

4. I have heard the learned counsel for the parties and

also perused the record carefully.

5. It is not in dispute that when the regularization

orde