Jiya Lal Bhardwaj , Judge

(Oral)

The petitioners have laid challenge to the impugnedorder 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 gradepay.

The facts, as emerge from the pleadings, are that the petitioners were appointed as TGTs on contract basis in the year 22008 on a fixed honorarium at the rate of Rupees 8,220/- per month in different schools, where they joined their servic.es. Inthe 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 p etitioners 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 ionitial 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 ghranted 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-H34800 + 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.

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 schedule appended to Himachal Pradesh Civil Services (Revised Pay) Rules, 2009 (for short ‘Rules, 2009’). The pa.y ofGovernment 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 t o be 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. Hoowever, 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 1h0300-34800 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, videHletter 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 andshall not to be repeated.

I have heard the learned counsel for the parties andalso perused the record carefully.

It is not in dispute that when the regularization orders were passed on 22.06.2015, the petitioners were granted the pay band of Rupees 10300-34800 plus grade pay 3600/- with initial start of Rupees 10830+3600/- plus other allowanc.es asadmissible to them from time to time with immediate effect. No doubt, the petitioners have been appointed after the Rules, 2012, but once the petitioners have been given the pay scale without any misrepresentation made by them, the impugned order is illegal. Not only this, the distinction, which is, now being drawn by the respondents, w hereby the persons