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2026 DAILYLAW 16644 (HP)

Suresh Kumar v. State of Himachal Pradesh

2026-03-20

Ajay Mohan Goel

body2026
JUDGMENT : Ajay Mohan Goel, J. By way of this writ petition, the petitioner has inter alia prayed for the following relief:- “A. That a writ of Certiorari or any other appropriate writ order or direction may kindly be issued for quashing and setting aside letter dated 17.02.2025 contained in Annexure P-7. B. That a writ of Mandamus or any other appropriate writ order or direction may kindly be issued for directing the Respondents to fix the pay of the petitioner firstly, in Pay Level 7 for the post of Junior Assistant and secondly, in Pay Level 11 for the post of Senior Assistant in terms of orders dated 07.02.2022 12.01.2024, from the due date, along with all consequential benefits. C. That a writ of Mandamus or any other appropriate writ order or direction may kindly be issued for directing the Respondents to grant higher pay scale to the Petitioner in terms of notification dated 27.09.2012 from the due date, i.e. 18.05.2018. D. That the Respondents may further be directed to pay the arrears accrued on account of such fixation and grant of higher pay scale, forthwith, along with interest @ 12% per annum.” 2. The grievance of the petitioner is in a very narrow compass. Vide Annexure P-2, dated 18.05.2016, the petitioner was promoted, on the recommendations of the Departmental Promotion Committee, against the post of a Clerk on regular basis with immediate effect in the pay scale of Rs.5910-20200+1900 Grade Pay. In terms of the conditions imposed in this promotion order, the officials so promoted as Clerks were to qualify the typing test on computer with a minimum speed of 25 words per minute in English Typewriting or 20 words per minute in Hindi Typewriting within the probation period, failing which, the candidate was to be reverted from clerk to class-IV posts. It was further stipulated in the promotion order that the incumbent was to pass the typing test within the time prescribed, within the probation period and if the candidate failed to pass the said test, then, another chance would be given and the probation will also be extended. 3. The petitioner passed the typing test in the first attempt on 25.10.2017. 3. The petitioner passed the typing test in the first attempt on 25.10.2017. Thereafter, the petitioner was granted the pay band of Rs.10300-34800+3200 Grade Pay upon completion of two years of regular service as such, however, vide Annexure P-7, this benefit was withdrawn and recovery was ordered on the ground that the petitioner was erroneously conferred the benefit after completion of two years as from the date of promotion whereas the eligibility of the petitioner for the higher pay scale was to commence from two years post passing of the test stipulated in the promotion order. 4. Feeling aggrieved, the petitioner has approached this Court by way of present writ petition. 5. Learned Counsel for the petitioner has argued that the reasons which have led to the issuance of Annexure P-7 are arbitrary and unjust because the benefits rightly conferred upon the petitioner, stood withdrawn by completely misreading the promotion order of the petitioner as also the notification dated 27.11.2012 (Annexure P-4), i.e. the Himachal Pradesh Civil Services (Category/Post wise Revised Pay) Rules 2012. Learned Counsel submitted that there was no condition in the promotion order that the benefit of the higher pay scale in terms of 2012 Rules shall be after completion of two years as from the date of passing of the typing test. Learned Counsel submitted that holding of the typing test was not within the domain of the petitioner and date was to be fixed by the respondents and herein, incidentally the petitioner passed the typing test in the very first attempt. Learned Counsel further submitted that even Annexure P-4 does not provide that wherever the condition of grant of higher pay scale is after completion of two years of regular service, there is any rider therein that if after promotion, there was a condition that such promoted candidate has to pass the typing test, then, the higher pay scale would be given two years after successfully passing the said test. Accordingly, he submitted that as the impugned act of the respondents is bad in law, this petition be allowed by quashing the same. 6. Accordingly, he submitted that as the impugned act of the respondents is bad in law, this petition be allowed by quashing the same. 6. On the other hand, learned Deputy Advocate General drew the attention of the Court to the reply filed by the respondents in general and para-2 of preliminary submissions thereof in particular and submitted that the benefit of higher pay scale of Rs.10300-34800+3200 Grade Pay was erroneously granted to the petitioner w.e.f. 18.05.2018 contrary to government letter dated 31.12.2016, which provided that the higher pay scale was to be conferred two years after passing of the typing test and as the petitioner qualified the typing test on 25.10.2017, he became eligible for the grant of higher pay scale only on 25.10.2019. Learned Deputy Advocate General thus submitted that as the earlier grant of higher pay scale was erroneous, therefore, corrections were carried out by the authorities and recovery was ordered. He thus submitted that as there was no merit in the present petition, the same be dismissed. 7. I have heard learned Counsel for the parties and have also carefully gone through the pleadings as well as documents appended therewith. 8. The moot issue for adjudication before this Court is whether the entitlement of the petitioner for the higher pay scale after completion of two years of regular service in terms of the 2012 Rules shall commence as from the date of promotion or two years after passing of the typing test by the petitioner post promotion? 9. Obviously to answer this question, one has to read the contents of the promotion order carefully. A perusal of the contents of Annexure P-2, i.e. office order dated 18.05.2015, demonstrates that in terms of this order, on the recommendation of the Departmental Promotion Committee, the officials mentioned therein, who were class –IV employees working in various Educational offices/institutions, were ordered to be promoted against the posts of Clerk on regular basis with immediate effect in the pay scale mentioned therein plus usual allowances as admissible from time to time and posted in the institutions mentioned against their names against existing vacancies. Terms and conditions appended with the said office order nowhere prescribed that the benefit of higher pay scale on completion of two years of regular service in terms of 2012 Rule (Annexure P-4) was to accrue after two years as from the date of qualifying the typing test which typing test was envisaged in condition No. 5 therein. 10. Condition No. 5 mentioned in the said promotion order is being quoted herein below:- “5. Officials so promoted as clerks will qualify the typing test on computer with a minimum speed of 25 words per minute in English Typewriting or 20 words per minute in Hindi Typewriting within in the probation period and during the period, if the candidates fail to qualify the typing test within the prescribed period, their probation period will be extended. During this period the incumbents will get one more chance, if the candidates still failed to qualify the typing test in the extended period they will be reverted from clerk to class-IV posts. 11. A perusal of this condition demonstrates that the promoted candidate had to pass the typing test within the time prescribed, within the probation period and if the candidate failed to do so, then another chance was to be given and probation period was to be extended and if the candidate still failed to pass the typing test, the candidate was to be reverted from the post of Clerk to Class-IV post. 12. There is no condition or stipulation in this particular condition that the benefit of higher pay scale in terms of Annexure P-4, shall befall upon the candidate after two years as from the date of passing of the typing test. Therefore, the stand of the respondents that the petitioner was entitled for the higher pay scale after two years as from the date of passing of the typing test is not borne out from the promotion order and obviously, as there was no such condition provided in the promotion order, the withdrawal of the benefit conferred upon the petitioner in terms of the impugned order by the Department is not justified in law. 13. 13. Coming to government letter dated 31.12.2016, referred to in the reply, copy whereof is incidentally appended with the writ petition as Annexure P-8, demonstrates that this is just a communication addressed on the subject “”Regarding award of grade pay-clarification” that as the typing test was passed by the official on a particular date, the candidate shall be entitled to the higher pay scale after passing the typing test. At best these instructions issued by the Principal Secretary (Higher Education) Government of Himachal Pradesh are in personam relatable to the query that was raised to the Principal Secretary. It is not as if this communication is a communication in rem by the Government that in the case of a Class-IV employee, having been promoted to a class-III post, who is required to pass a typing test, the right to receive higher pay scale in terms of 2012 Rules, would to him/her after two years from the date of passing of the typing test. 14. Besides this, one more thing, which also has to be appreciated is that it is not as if that it was contemplated in the promotion order that immediately after the promotion, the candidate was to be subjected to said test within one week or two weeks as from the date of promotion/appointment. Obviously, the date of the typing test was to be fixed by the Department and in light of the fact that there were no guidelines in the promotion order as to when the test was to be held and in the present case, in the light of the fact that the petitioner passed the typing test in the first attempt, which test was held somewhere in the year October, 2017 though the petitioner stood promoted in May, 2016, delay in holding the test cannot be taken as advantage of by the respondents by denying the benefit of higher pay scale to the petitioner, to which the petitioner was entitled in terms of Annexure P-4 upon completion of two years of regular service post promotion. Had the petitioner not passed the test in first attempt, may be the situation would have been different. 15. Had the petitioner not passed the test in first attempt, may be the situation would have been different. 15. Therefore, in light of above discussion, this writ petition is allowed and impugned order dated 17.02.2025 (Annexure P-7) is quashed and set aside and it is held that the petitioner is entitled for higher pay scale and Grade Pay upon completion of two years regular service post promotion. The grant of higher pay scale was not dependent upon successfully passing the typing test, of course, if the same was passed in the first attempt by the candidate concerned. The withdrawal of benefit of higher pay scale, is set aside and the respondents are directed confer all the benefits upon the petitioner in terms of 2012 Rules (Annexure P-4) as accruable two years as from the date of promotion. Recovery order is also quashed and set aside and if any recoveries have been made, the same be refunded. With these observations, this writ petition stands disposed of. Pending miscellaneous application(s), if any, also stand disposed of accordingly