IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.14976 of 2025 Decided on: 17th September, 2025 ------------------------------------------------------------------------------------- Hitesh Kumar …..Petitioner Versus State of H.P. and Anr .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Rocky, Advocate. For the Respondents: Mr. L.N.Sharma, Additional Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Mr. L.N.Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents. Looking to the nature of the impugned order, grievances of the petitioner and the basis for assailing the impugned order, reply to the writ petition is not required to be called. 2. Petitioner had instituted Hitesh Kuamr Versus State of Himachal Pradesh & Ors.2 seeking higher pay 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 CWP No.3101 of 2025, decided on 05.03.2025 2 scale on the strength of decision rendered in Mohit Sharma and Anr. Vs. State of H.P. and others3. The writ petition was disposed of by directing the respondents to consider the case of the petitioner in light of Mohit Sharma3 and pass order in accordance with law within six weeks. Pursuant thereto, respondent No.3 passed an office order on 25.07.2025 (Annexure P-10) and held that the petitioner was not similarly situated and was not covered by Mohit Sharma3, hence, his case was rejected. 3. Feeling aggrieved, petitioner has preferred this writ petition. 4. Heard and considered the case file. While rejecting the cases of the petitioner, respondent No.3 has held that petitioner had not completed two years of contractual service up to 30.09.2021. The Revised Pay Scale Rules 2022, notified by the State of H.P., were applicable to the persons appointed on regular basis to the services and posts in connection with the affairs of the State of Himachal Pradesh. Since the petitioner had not been appointed on regular basis up to 30.09.2021, therefore, decision in Mohit Sharma3 was not applicable to him. 3 CWP No.1638 of 2024, decided on 29.11.2024. 3 It appears that respondent No.3, while rejecting the case of the petitioner, has not appropriately considered the decision in Mohit Sharma3, which, inter-alia, holds that irrespective of incumbent’s previous nature of employment contractual/temporary etc., upon regularization of service, the employee becomes part of regular stream. With this change in his status, such employee becomes entitled to the benefit of Revised Pay Rules, 2022. Benefits of Revised Pay Rules, 2022 cannot be denied to the employees merely because they acquired the status of regular employees after promulgation of Revised Pay Rules. The date of notifying the Revised Pay Rules and bringing them into force from a particular date cannot be construed to mean that those who attain regular status subsequently are to be denied the benefits of higher/revised pay. Of course, such employees would get the benefit post their regularization. Portion from the decision relevant to the context, is extracted as under:- “4(iii). It is not the case of the respondents that notification dated 03.01.2022 or the Revised Pay Rules, 2022, brought in force thereunder, are not to be made applicable to employees, who attain regular status after 03.01.2022. Irrespective of his previous nature of employment contractual/temporary etc., upon regularization of service, the employee becomes part of regular stream. With this change in his status, such employee becomes entitled to the benefit of Revised Pay Rules, 2022. Benefits of Revised Pay Rules, 2022, cannot be denied to the employees merely because they acquired the status of regular employees after 4 promulgation of Revised Pay Rules. The date of notifying the Revised Pay Rules and bringing them into force from a particular date cannot be construed to mean that those who attain regular status subsequently are to be denied the benefits of higher/revised pay. Of course, such employees would get the benefit post their regularization. The Revised Pay Rules, 2022, restrict their applicability to regular employees. Therefore, the petitioners on becoming regular employees, upon fulfillment of conditions mentioned in the Rules are certainly entitled to higher stage of pay mentioned in the Rules. Any other interpretation would amount to creating classes within regular stream. Such differentiation would be discriminatory, unreasonable and violative of Articles 14 & 16 of the Constitution of India. There cannot be two pay scales in the same cadre for persons discharging same duties & responsibilities. Equals cannot be treated as unequal. 4(iv). Rule 7(A) inserted by amendment in the Revised Pay Rules, 2022, under the amendment notification dated 06.09.2022 has become part & parcel of the Revised Pay Rules, 2022, notified on 03.01.2022. Therefore, when the main Rules do not discriminate employees upon their acquiring regular status and are applicable to all regular employees subject to their respective & individual dates of attaining the eligibility for the benefits flowing from Revised Pay Rules, 2022, then the benefits of Rule 7(A) are also to be similarly accorded to the regular employees. Such of the employees, who have become regular after 03.01.2022 are to get benefits of the Revised Pay Rules, 2022, including Rule 7(A) upon their fulfilling the stipulated conditions. Thus, the petitioners on completing two years of regular service are to be released revised pay scale as per Rule 7(A) of the Revised Pay Rules, 2022. 4(v). Even if Rule 7(A) of the Revised Pay Rules, 2022, is to be read independently of the Revised Pay Rules, 2022, which seems to be the misplaced contention of the State, then also the petitioners are entitled to the benefit of Rule 7(A). As in such situation also, it has to be held that Rule 7(A) does not place any embargo upon flow of benefits under it to the contractual employees, more so, upon their completing two years of regular service. The words used in Rule 7(A) pertaining to its applicability are “employees who are appointed 5 before 03.01.2022,” without making any distinction between contractual or regular appointment. Petitioners are appointees prior to 03.01.2022. Revised Pay Rules, 2022, therefore, become applicable upon regularization of contractual appointees and higher stage of pay provided under Rule 7(A) is to be released upon completing requisite number of years of regular service.” In the instant case, the impugned office order itself acknowledges in the table drawn therein that the petitioner had completed two years of continuous contract services in October, 2021. His services were regularized in April, 2022. 5. Prima-facie, it appears that case of the petitioner is covered by Mohit Sharma3, however, factual aspects are required to be examined by the competent authority. Hence, impugned office order dated 25.07.2025 (Annexure P-3) is quashed and set aside qua the petitioner. This shall be subject to costs of Rs.10,000/- to be deposited with the ‘Chief Justice Disaster Relief Fund 2025’. Respondents /Competent Authority is directed to consider and decide the case of the petitioner for grant of benefits under the Revised Pay Scale Rules, 2022 strictly in consonance with Mohit Sharma3 and in accordance with law, within a period of three weeks from today. The order so passed, be also communicated to the petitioner. 6 The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua September 17, 2025 Judge R.Atal