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2026 DAILYLAW 23067 (HP)

MANOJ KUMAR v. STATE OF HP AND OTHERS

CWP/15859/2026 · 2026-09-14

Jyotsna Rewal Dua

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 15858/2026 a/w connected matters Decided on: 14.09.2026 1. CWP No. 15858/2026 Ravinder Singh …Petitioner Versus State of H.P. & Ors. .…Respondents. 2. CWP No. 15859/2026 Manoj Kumar …Petitioner Versus State of H.P. & Ors. .…Respondents 3. CWP No. 15860/2026 Pinki Devi …Petitioner Versus State of H.P. & Ors. .…Respondents 4. CWP No. 15861/2026 Anuj Sharma …Petitioner Versus State of H.P. & Ors. .…Respondents ……………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Dikken Thakur, Advocate, in all the petitions. 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 For the respondents: Mr. L.N. Sharma, Additional Advocate General, in all the petitions. Jyotsna Rewal Dua, J Mr. L.N. Sharma, learned Additional Advocate General, accepts notice on behalf of the respondents. Keeping in view the grievance of the petitioners, the nature of the impugned order and the order being passed hereinafter, there is no necessity to call for replies from the respondents. The matters have been accordingly heard at this stage. 2. The petitioners feel aggrieved against office order dated 26.08.2026 issued by respondent No. 3 re-fixing their pay. According to the petitioners, they had been drawing higher pay prior to the issuance of office order dated 26.08.2026 re-fixing their pay; The previous orders had correctly fixed petitioners' pay by granting them two increments, viz., one annual increment and the other promotional increment. However, under office order dated 26.08.2026, issued in purported compliance with the Himachal Pradesh Civil Services (Revised Pay) Rules, 2022, the re-fixation of petitioners' pay has been carried out from the date of their promotion, rather than from the date of their next increment, as originally opted for by them; Due to this retrospective & unilateral alteration, one increment previously granted to the petitioners has been reduced. The petitioners have alleged that this is not only illegal, but has also caused significant 3 financial burden upon them and is contrary to the procedural protections available under law; The petitioners, vide their respective representations dated 29.08.2026, annexed with these writ petitions, have also represented to the respondents/competent authority regarding the aforesaid grievance, however, the said representations have not been considered and decided till date. 3. Learned counsel for the petitioners submitted that the petitioners would be content in case the respondents/competent authority(s) are directed to consider and decide the aforesaid representations in accordance with law within a fixed-time schedule. Learned Additional Advocate General is not averse to this prayer. 4. Keeping in view the above facts, these writ petitions are disposed of with direction to respondent No. 3/competent authority to consider and decide the aforesaid representations of the petitioners, in accordance with law; Petitioner’s grievances be redressed keeping in view the options previously exercised by them, the relevant applicable provisions of the Himachal Pradesh Civil Services (Revised Pay) Rules, 2022, and the principles of natural justice, within a period of six weeks from today. Due opportunity of hearing be also provided to the petitioners, in the adjudicatory process. Till such time, recovery, if any, based upon the impugned office order(s) dated 26.08.2026, shall not be effected from the petitioners. 4 Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 14th September, 2026(rohit)