2025:HHC:28540 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 2679 of 2025 Date of Decision: August 25, 2025 ______________________________________________________________ Pravinder Kumar ... Petitioner Versus HP Power Transmission Corporation Ltd. …....Respondent Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the petitioner Mr. Yogesh Kumar Chandel, Advocate. For the respondent Mr. Shubham Sood, Advocate. ____________________________________________________________________ Sandeep Sharma, J (Oral) By way of present petition filed under Art. 226 of the Constitution of India, petitioner has claimed following main relief: “That the writ in the nature of mandamus may kindly be issued to the respondent corporation by directing them that the petitioner may kindly be granted the benefits of Higher Pay Stage by fixing the pay of the petitioner @ Rs32400/- per month as on 30-09-24 along with all consequential benefits including arrears of salary by getting fixation @ Rs 32400/- per month as on 30-09-2024 along with interest on delayed payment higher pay stage benefit.” 2. Brief facts, shorn of unnecessary details are that petitioner was initially appointed as an Electrician (W-6 Level) on contract basis, on amount equal to minimum of pay of Rs.6400/- plus grade pay of Rs.3050 with fixed contractual emoluments of Rs.9450/- per month vide office order dated 23.7.2020 (Annexure P-1). Vide office order dated 30.9.2022 (Annexure P-2), services of petitioner were regularized in pay matrix of Rs.23500-74300, L-4, Cell-1. 2025:HHC:28540 - 2 - 3. In the interregnum, vide Regulations dated 12.4.2022 (Annexure P-3), Himachal Pradesh State Electricity Board Limited revised pay scales of various categories of employees with effect from 1.1.2016 and pay scale of post of Electrician was revised to Rs.23,400/- /32,400 (on completion of two years’ regular service). Said regulations were adopted by the respondent Corporation vide office order dated 29.3.2023 (Annexure P-5. 4. It is the case of the petitioner that he has completed two years’ regular service on 30.9.2024 and as such, is entitled for higher stage of pay of Rs.32,400/- but he has not been paid said benefit on the ground that Regulations, Annexure P-3 are applicable to those employees only, who were appointed prior to 12.4.2022. 5. At this stage, it would be apt to take note of Regulation dated 11.1.2023 (Annexure P-4), whereby Rule 7(A) was inserted in the following manner: “2. Insertion of Rules 7(A) In the Himachal Pradesh State Electricity Board Ltd. (Revised Pay) Regulation, 2022, after Regulation- 7, the following shall be inserted namely:- “7(A):- Fixation of pay of certain categories:- (1) This Regulation shall apply to the employees, who are appointed before 12th April, 2022. (2) The pay of the employees of those categories/ posts included in Schedule-II shall be fixed at higher pay stage in the concerned level of pay matrix after completion of two years regular service as given in Schedule-II.” 2025:HHC:28540 - 3 - 6. As per aforesaid amendment, the benefit of revision of pay scale under Rule-7 of Annexure P-3, shall be available to those employees, who are appointed before 12.4.2022, meaning thereby that the higher stage of pay of the post held by petitioner, is not available to him despite completion of two years’ regular service, since he was appointed (on regular basis) on 30.9.2022, i.e. after 12.4.2022. 7. At this stage, learned counsel for the petitioner drew attention of this Court to judgment dated 29.11.2024 passed by a Co-ordinate bench of this Court in CWP No. 1638 of 2024 titled Mohit Sharma & Anr. v. State of H.P. & Ors., to argue that his client’s case is squarely covered by said judgment. 8. Before proceeding further, it would be apt to take note of para 4(vii) and 5 of Mohit Sharma supra: “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 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. 2025:HHC:28540 - 4 - 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 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. 4(vi). It may also be in place to note the State Cabinet’s decision for applying Rule 7(A) to the contractual employees upon completion of requisite numbers of years of regular service, which is as under:- 2025:HHC:28540 - 5 - “The cabinet approved that the contractual appointees regularized shall be eligible to get the benefit of revised pay rules, 2022 as provided vide sub rule (7A)-Fixation of pay of certain categories notified vide FD notification No. FIN (PR)- B(7)-1/2021-loose dated 06.09.2022 on completion of their two years of regular service.” As per above decision also, contractual employees upon regularization shall be entitled to benefits of Revised Pay Rules, 2022, including Rule 7(A). 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.” 2025:HHC:28540 - 6 - 9. In the aforesaid judgment, Co-ordinate Bench has held all the employees, contractual or regular, entitled to benefit of revision of pay. It has been held by Co-ordinate Bench of this Court that Irrespective of his previous nature of employment contractual/temporary etc., upon regularization of service, the employee becomes part of regular stream and there cannot be any discrimination on the basis of nature of employment. Nonetheless, Co- ordinate Bench in Mohit Sharma supra, has neither tinkered with the legality of Rule-7(A), which is similar to Regulation 7(A) not the cut-off date prescribed therein, but held an employee entitled to higher stage of pay, on the basis that such employee has entered the service prior to the cut-off date, be it on contract or regular basis. 10. In view of the above, petitioner cannot be discriminated for grant of benefit of higher stage of pay on completion of two years’ regular service, on the ground that he was appointed on regular basis on 30.9.2022. Therefore, the action of the respondents in denying benefit of 2022 Regulations, for grant of higher stage of pay of Rs.32,400/- on completion of two years’ regular service is held to be bad in law. 11. Accordingly, the present petition is allowed. Respondents are directed to grant benefit of higher stage of pay i.e. Rs.32,400/- on completion of two years regular service i.e. with effect from 30.9.2024. Necessary order in this regard be issued within four weeks from today. Arrears of salary pursuant to such fixation be also paid within four weeks thereafter. 2025:HHC:28540 - 7 - The petition stands disposed of in the afore terms, alongwith all pending applications. (Sandeep Sharma), Judge August 25, 2025 (vikrant)