IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.12705 of 2025 Date of Decision: 06.08.2025 _______________________________________________________ Amit Pathania …….Petitioner Versus State of Himachal Pradesh & others … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Bhim Raj Sharma, Advocate. For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein is aggrieved of order dated 08.07.2025 (Annexure P-8) passed by Block Medical Officer, Fatehpur, District Kanga, Himachal Pradesh, whereby representation having been filed by him with regard to grant of higher pay stage after completion of two years regular service, has been rejected. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Bhim Raj Sharma, learned counsel for the petitioner, is that respondent- Department has adopted pick and chose policy because in similar facts and circumstances, vide order dated 01.08.2025, similar benefit, 1Whether the reporters of the local papers may be allowed to see the judgment? 2 as has been prayed for by the petitioner has been granted in favour of as many as 16 persons, whereas for no justifiable reason, representation having been filed by the petitioner, has been rejected. 3. Mr. Vishal Panwar, learned Additional Advocate General, submits that placement in higher pay structure on completion of two years regular service, as was admissible under re-revision 2012, was allowed to the Government employee who were in position before notification of HPCS(RP) Rule-2022 on 03.01.2022 vide notification dated 23.06.2022. He further submits that benefit/decision was given effect to by amendment HPCS(RP) Rule-2022, vide notification dated 06.09.2022, whereby Rule-7(A), clearly provides that higher pay stage in the concerned level of pay matrix, after completion of two years regular service, shall be admissible to the employees, who were in position on 03.01.2022. 4. In the case at hand, services were regularized vide office order dated 6.4.2022 and reason assigned by the respondents, while rejecting case of petitioner for grant of benefit of higher pay scale on completion of two years’ regular service, is that benefit of higher pay scale/stage, in terms of Rule-7(A) of Himachal Pradesh Civil Services (Revised Pay) Rules-2022 is admissible to the employees, who were in position as on 3.1.2022, whereas, services of the petitioner were regularized after 3.1.2022. 3 5. The issue at hand, i.e. grant of benefit of higher pay scale on completion of two years’ regular service has already been decided by this Court in Mohit Sharma & Anr. v. State of H.P. & Ors., CWP No. 1638 of 2024, dated 29.11.2024, wherein it has been held as under: “4(vii). Also, regularization of services of the petitioners on 19.01.2022, i.e. beyond the cut off date 03.01.2022 mentioned in the notification dated 06.09.2022, cannot be held against them for denying the applicability of Rule 7(A) to them. The respondents had already taken a decision on 28.12.2021 to regularize the services of all those contractual appointees, who had completed two years of contractual service as on 30.09.2021. Regularization though had to be with prospective effect, but what had to be followed was a ministerial order. It is not in dispute that petitioners had completed two years of contractual service much prior to 30.09.2021. Petitioners completed two years of continuous contractual service on 08.02.2021 and 14.11.2020, respectively. Just because their regularization order was issued on 19.01.2022, i.e. beyond 03.01.2022, would not mean that only for that reason they are to be denied the benefit of higher stage of pay under Rule 7(A) notified on 06.09.2022. It is an admitted position that petitioners upon their regularization on 19.01.2022 have already been granted the higher stage of pay of Rs.20,200/- which is admissible to employees (Clerks) upon regular appointment under Rule 7(A) of the Revised Pay Rules, 2022. That being so, there is absolutely no good reason for denying them higher stage of pay of Rs.30,500/- under Rule 7(A) upon completing two years of regular service as Clerks. 5. Looking from any angle, it has to be held that petitioners are entitled to the benefit of higher stage of pay under Rule 7(A) of the Himachal Pradesh Civil Services (Revised Pay) First Amendment Rules, 2022, notified on 06.09.2022, on completion of two years of regular service. 4 This writ petition is accordingly allowed. Respondents are directed to release the higher stage of pay of Rs.30,500/- to the petitioners w.e.f. their completing two years of regular service as Clerks. This is be done within four weeks from today. Pending miscellaneous application(s), if any, to also stand disposed of.” 6. In the aforesaid case, petitioner had completed requisite period of regular service before 3.1.2022, therefore, Co-ordinate Bench of this Court held the petitioner in that case entitled for benefit of higher pay scale. In the case at hand, petitioner, who was appointed on contract basis vide office order dated 2.11.2019, had completed the requisite two years of contract service as on 2.11.2021 (assuming that he joined on 2.11.2019) and therefore, on the same analogy, petitioner herein is also entitled for grant of higher pay scale after completion of two years of regular service. 7. At this stage, learned counsel for the petitioner has placed on record a copy of order dated 1.8.2025, issued by Director Health Services, thereby granting benefit of higher pay scale on completion of two years, to the person, who were appointed with the petitioner and who joined on regular basis after 3.1.2022. Aforesaid office order is taken on record. 8. Since respondents have themselves granted the benefit being claimed by petitioner herein, to the persons named in the aforesaid office order, they cannot take a contrary stand, as has been taken vide letter dated 8.7.2025. 5 9. Consequently, in view of the above, this Court finds merit the present petition and accordingly, same is disposed of with a direction to the respondents to re-consider the representation of the petitioner and decide the same on the similar line as has been done in the cases of 16 persons vide order dated 01.08.2025 passed by Director Health Services, Himachal Pradesh, within a period of four weeks. Ordered accordingly. Order dated 08.07.2025(Annexure P-8) is quashed and set-aside. Pending applications, if any, also stand disposed of. (Sandeep Sharma), Judge August 06,2025 (shankar)