IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 9056/2025 Decided on: 13.08.2025 Surender Kumar …Petitioner Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioners: Mr. Karam Pal, Advocate. For the respondents: Mr. Y.P.S. Dhaulta, Additional Advocate General. Jyotsna Rewal Dua, J Following order was passed in this writ petition on 30.05.2025 noticing the gist of the case as under: - “Notice. Mr. Sikander Bhushan, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents. 2. Petitioner’s projected case is that he was appointed as Physical Education Teacher (PET) on 24.09.2002 and promoted as DPE on 01.10.2009. The incumbents, who were appointed/promoted as DPEs alongwith the petitioner, were getting one excess increment than the petitioner. 3. Learned counsel for the petitioner submits that the aforesaid grievance of the petitioner was presented by him to the respondents on 06.01.2022. The respondents processed his case 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 of there being anomaly in his pay. On 27.02.2023 (Annexure P-4), respondent No.3 addressed an office letter to respondent No.2, stating therein that the petitioner had not been allowed the option of pay fixation under saving clause of Fundamental Rule (F.R.) 22(I)(a)(1) on promotion, whereas, benefit of the above clause was extended to other promotees on their promotion. This resulted in anomaly in his pay. Petitioner’s grievance is that nothing concrete has been done thereafter by the respondents. 4. Let learned Deputy Advocate General to have instructions/file reply in the matter, more particularly, for removing the anomaly, which has been admitted to be existing in petitioner’s pay in terms of Annexure P-4, dated 27.02.2023. List on 26.06.2025.” 2. Pursuant to above and subsequent orders passed in this matter, learned Additional Advocate General during hearing of the case today has placed on record office instructions from the Director of School Education, H.P. conveying that petitioner’s case has been considered and his pay has been fixed in the next higher grade pay vide office order dated 11.08.2025. Copy of office order of even date has also been placed on record whereunder petitioner’s pay has been refixed in the next higher grade pay i.e. Rs. 10300-34800+G.P. (3800) awarded under new Assured Career Progression Scheme on completion of 4, 9 and 14 years of service; the benefit has been restricted notionally to the petitioner from 01.09.2011 & actually w.e.f. 09.08.2012. 3 3. Learned counsel for the petitioner expressed reservation for restricting actual benefit to the petitioner w.e.f. 09.08.2012 instead of granting it from 01.09.2011 and seeks liberty to assail the aforesaid office order dated 11.08.2025, in accordance with law, to that an extent. 4. Granting such permission, the present petition is disposed of. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 13th August, 2025(rohit)