( 2026:HHC:41551 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 6388 of 2026. Decided on : 28 th September , 2026 Vinod Gupta & Others ...Petitioner. Versus State of H.P. & Ors. ....Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the Petitioners: Dr. Lalit Kumar Sharma, Advocate. For the respondents: Mr. Rajat Chaudhary, Assistant Advocate General. Jyotsna Rewal Dua, Judge. Petitioners feel aggrieved against respondents’ not extending them the benefit of notification issued on 06.04.2013, whereunder higher education allowance has been made admissible to all Medical Officers holding PG degree/PG diploma. Respondents have not granted the benefit of higher education allowance to the petitioners primarily for the reason that, till now, the specialties of their post graduate degrees have not been included in Appendix-A of the Recruitment and Promotion Rules for the post of Medical Officers notified on 09.03.2012. 2. Following facts are not in dispute: 2(i). Petitioners were directly recruited as Medical Officers on ad- hoc/contract basis on different dates during the years 2002- 1 Whether reporters of the local papers may be allowed to see the judgment? 2 ( 2026:HHC:41551 ) 2017 in the respondent-Health Department. Their services were regularized as such on different dates during the the years 2007-2019. 2(ii). The respondent-State circulated Post Graduate/Super Specialist Policy on 27.02.2019. Petitioners were sponsored by the respondent-State Government for undertaking post graduate (MD) degree courses in specialties of Geriatrics (petitioner No. 1) and Emergency Medicines (petitioner Nos. 2 to 5) from All India Institute of Medical Sciences, Rishikesh, Uttarakhand. In terms of aforesaid policy dated 27.02.2019, the petitioners pursued their MD in Geriatric Medicine and Emergency Medicine respectively from AIIMS, Rishikesh. 2(iii). On completion of their PG degree in respective branches, petitioners joined the respondent Health Department. All the petitioners were posted as Medical Officers (Specialists)/Senior Residents by the respondents. 2(iv) In the interregnum, on 06.04.2013, a notification was issued by the State Health Department allowing higher education allowance at Rs. 7,000/- p.m. in favour of such Medical Officers who had acquired PG degree as per Appendix-A of 3 ( 2026:HHC:41551 ) the R&P Rules notified on 09.03.2012, with the rider that a PG degree holder not functioning as Specialist would not be entitled for higher education allowance. The notification reads as under: “No. Health-A-B (7)5/2011 Dated Shimla-2 the 6 April,2013 Notification The matter with regards to revision/grant of the Higher Education Allowance in respect of Medical Officers of Health & Family Welfare Department, was engaging the attention of the Government for some time. Now, the Governor, Himachal Pradesh, in supersession of all previous orders, is pleased to grant Higher Education Allowance @ Rs. 7000/- and Rs.3500/-pm w.e.f. 01-04-2013 in favour of all Medical Officers who have acquired P. G. Degree and P.G Diploma as per Appendix-A of the R & P Rules notified on 09-03-2012. It is further ordered that a PG Degree/ Diploma holder not functioning as a specialist, will not be entitled for the Higher Education Allowance. The incumbents holding administrative posts of Chief Medical Officer. Dy Directors, Medical Superintendents and Principal Training Centres and above will be exempted from the above condition.” 2(v). Petitioners, having completed their PG courses and posted as specialists in the respondent Health Department, preferred representations seeking higher education allowance based upon notification dated 06.04.2013. The response of the respondents was that the specialties of Geriatrics and Emergency Medicine have not been incorporated in Appendix 4 ( 2026:HHC:41551 ) -A of the R&P Rules notified on 09.03.2012. That matter for incorporating the above two specialties in Appendix-A has been taken up with the Government, but the clarification/approval is still awaited. The aforesaid is also the main stance of respondents No. 1 and 2 in their reply: “2. That it is submitted that as per the factual position on record, the petitioners after completion of their Post Graduate MD Courses through proper channel had applied for the grant of PG Allowance for acquiring higher qualification through proper channel including vide Annexures P-4 (colly). However since the specialty of Emergency Medicine alongwith some more specialties were not recognized/permitted in earlier time in State Colleges, accordingly the said categories had/have not been included in the list of PG qualifications as contained in the Recruitment and Promotion Rules of Medical Officers, notified on 09-03-2012, Annexure P-8, and the matter had already been taken up with the Government for getting the needful done. The petitioners as such in response to their representations had also been apprised of the above factual position through proper channel vide letters by the office of the present replying respondents vide Annexure P-5 (colly), in a just and proper manner 3. That it is relevant to submit here that the claim of the petitioners for grant of higher allowance in lieu of PG qualification had/has in fact not been rejected in 5 ( 2026:HHC:41551 ) terms of letters, Annexure P-5 (colly), but the factual position stood conveyed in the matter. Relevantly, the matter to grant higher education allowance (PG Allowance) to the left out specialties is under active consideration at the Government level in consultation with the Finance(Regulation) Department for its concurrence/Moreover, the matter is also connected with amendment in the Recruitment and Promotion Rules of Medical Officer as notified on 09-03-2012, Annexure P-8, as the PG Allowance is admissible only to those specializations as mentioned in Appendix-A of the R&P Rules, which is likely to take some time to attain finality. Hence, the claim filed in a premature manner deserves to be dismissed in the interest of justice.” 3. Heard and considered the case file. 4. Respondents have declined to grant higher education allowance at Rs. 7,000/- p.m. to the petitioners in lieu of their having acquired PG degrees on the ground that the specialties in which the petitioners have obtained their PG degrees do not figure in Appendix-A of the R&P Rules notified on 09.03.2012; That in this regard, matter has been taken up with the Government, but the decision is still awaited. It appears that this has been the stand of the respondents for more than a year. The respondents cannot be permitted to turn a blind eye to the grievance of the petitioners and deny them the benefit under the pretext of their representations being under active consideration for an indefinite period. 6 ( 2026:HHC:41551 ) 4(i). Appendix-A, to the Recruitment and Promotion Rules, 2012, is relatable to Rule 7 of the R&P Rules. The said Recruitment and Promotion Rules (Annexure P-8) are the rules for the post of Medical Officer, Class-I, Gazetted, General Wing, in the Department of Health and Family Welfare. Rule 7 of the aforesaid rules is the only rule where ‘Appendix-A’ is mentioned and reads as under:- “7. Minimum Education and other qualification required for direct recruits(s) 7. Minimum Education and other qualification required for direct recruits. a) Essential (i) Recognized Medical Qualification included in the first or second Schedule or Part-II of the Third Schedule (other than licentiate qualifications) to the Indian Medical Council Act, 1956. The holders of educational qualification included in Part-II, of the third schedule should fulfill the conditions stipulated in sub Section (3) of Section 13 of the Indian Medical Council Act, 1956. (ii) Completion of compulsory rotating internship. B) (b) Desirable: (i) Post Graduate Degree or Diploma included in the first or second Schedule or Part-II of the Third Schedule (other than licentiate qualifications) to the Indian Medical Council Act, 1956. The holders of educational qualification included in Part-II of the third schedule should fulfill the conditions stipulated in sub Section (3) of Section 13 of the Indian Medical Council Act, 1956. (ii) A post graduate qualification from a recognized institution as mentioned in Appendix-A. (iii) Knowledge of customs, manners & dialects of Himachal Pradesh & suitability for appointment in 7 ( 2026:HHC:41551 ) the peculiar conditions prevailing in the Pradesh. It would also be appropriate to refer to Appendix-A:- Sr. No. Subject Degree Diploma 1. Pathology M.D. (Pathology), M.D. (Bacteriology) & D.N.B. (Pathology) D.C.P. 2. Microbiology M.D. (Microbiology), M.D. (Microbiology with Pathology) & D.N.B. 3. Social & Preventive Medicine M.D. (Social and Preventive Medicine), M.D. (Community Medicine) & D.N.B. 4. Forensic Medicine M.D. (Forensic Medicine) & D.N.B. Diploma (Forensic Medicine) 5. General Medicine M.D. (Medicine or General Medicine) & D.N.B. 6. General Surgery M.S. (Surgery/General Surgery) & D.N.B. 7. Obstetrics & Gynaecology M.D. or M.S. (Obstetrics and Midwifery), M.S. (Gynaecology) & D.N.B. D.G.O. 8. Paediatrics M.D. Paediatrics) & D.N.B. D.C.H. Diploma (Pediatrics). 9. Psychiatry M.D. (Psychiatry), M.D. (Medicine with Diploma in Psychological Medicine) & D.N.B. ….. 10. Skin & V.D. (Venereology Dermatology) M.D. (Venereology & Dermatology), M.D. (Dermatology, Venereology & Leprosy), M.D. (Medicine with D.V.D.) & D.N.B. D.V.D.D.D.V. D.V. 11. Orthopaedics M.S. ( Orthopaedics) & D.N.B D. Ortho 12. Anesthesiolgy M.D. O M.S. ( Anaesthsiolgoy) & D.N.B. DA 13. Radiology M.D. (Radiology) & D.N.B. DMRD 14. Radiotherapy M.D. (Radiotherapy ) & D.N.B. DMRT 15. Opththalmology M.D. or MS (Ophthalmology) & D.N.B. ….. 16. Oto-Rhino M.S. (ENT) Oto-Rhino Laryngology & D.L.O. 8 ( 2026:HHC:41551 ) Laryngology (ENT) D.N.B. A conjoint reading of Rule 7 of the R&P Rules read with Appendix-A leads to the inference that the post of Medical Officer, General Wing, is to be filled up by the respondent-State in the specialties as mentioned in Appendix-A, as per minimum educational and other qualifications mentioned under Rule 7. Though, the specialties of Geriatrics and Emergency Medicine, in which the petitioners had obtained their PG degrees, have not been mentioned in Appendix-A, however, that factor did not deter the State Government from sponsoring the names of the petitioners as State candidates for undertaking PG degrees in the aforesaid specialties. Thereafter, the petitioners have also been inducted & posted as specialists in the aforesaid two streams in the respondent Health Department. This action of the respondent-State in first sponsoring the petitioners to undergo PG degree courses in specialties of Geriatrics and Emergency Medicine, which otherwise do not figure in Appendix-A and thereafter posting them as Medical Officer Specialists in the aforesaid two streams, gives rise to logical conclusion that the respondent-State has now in a manner included the two specialties in Appendix-A, though codal formalities in that regard by way of amending the list at Appendix-A to the 9 ( 2026:HHC:41551 ) Recruitment and Promotion Rules are yet to be completed. It has also been brought to the notice that in terms of Annexure P-9, Medical Council of India Post Graduate Medical Education Regulations, 2000, Geriatrics and Emergency Medicine are recognized specialties/subjects in which post graduate degrees and diplomas can be awarded by Indian universities. The intent of notification dated 06.04.2013 (Annexure P-6) appears to be to give higher education allowance to all such Medical Officers, who are in possession of PG degrees and are serving as specialists in the State. Petitioners satisfy these two conditions. Reference to Appendix-A of the R&P Rules dated 09.03.2012 perhaps figures in the said notification only for the reason that the posting of Medical Officer Specialists is in the branches/subjects mentioned in Appendix-A. As observed earlier, the respondent-State had itself sponsored the names of the petitioners for undergoing PG degrees in Geriatrics and Emergency Medicine even though these specialties are not there in Appendix-A. Non inclusion of these specialities in Appendix-A in the given facts and circumstances appears to be a case of oversight or inadvertent error, or a case of change/amendment now required in the said Appendix with the passage of time. In the given facts, non inclusion in Appendix-A of specialties of Geriatrics and Emergency Medicine in which petitioners pursued and 10 ( 2026:HHC:41551 ) completed PG degrees as state sponsored candidates would not come in their way for getting PG degree allowance. 4(ii) Another factor highlighted for the petitioners and not refuted by the respondents is that the respondents have granted PG allowance to certain doctors who had also obtained PG degrees in streams not figuring in Appendix-A of the R&P Rules. One Dr. Anurag Dhiman obtained MD in Pulmonary Medicine from IGMC, Shimla and Dr. Rajiv Kundlas completed MD in Emergency Medicine from JIPMER, Puducherry, as sponsored candidates. Neither Pulmonary Medicine nor Emergency Medicine is part of Appendix-A. Yet, these two doctors had been granted PG allowance. In fact, as per instructions dated 23.09.2026 and 24.09.2026 from the Director Health Services, Himachal Pradesh, placed on record by the learned Assistant Advocate General, Dr. Anurag Dhiman is still getting the PG allowance, though Dr. Rajiv Kundlas is not getting PG allowance, now having been promoted to the post of Assistant Professor. Instructions dated 23.09.2026, read as under: “Subject: CWP No. 6388/2026 titled as Dr. Vinod Gupta Vs. State of HP and ors. Kindly refer to your good office telephonic directions dated 23-09-2026 in the above titled case. In this regard, it is submitted that all the petitioners are presently working as a Medical Officer (Specialist), which fall under the DHS cadre, however they have not furnished any option of cadre separation to the office of 11 ( 2026:HHC:41551 ) the undersigned till date. It is further submitted that Dr. Anurag Dhiman is presently pursuing Senior Residency from Pt.JLNGMC Chamba and getting the PG Allowance. However, Dr. Rajeev Kundlas has been promoted as Assistant Professor and he is not getting the PG Allowance. This is for favour of kind information and necessary action at your end with the request that the same may very kindly be brought on record of the Hon'ble Court on 24-09- 2026, or on next date of hearing (s) please. Yours faithfully Director Health Services Himachal Pradesh” There cannot be discrimination between similarly situated incumbents. When the petitioners, as Medical Officer Specialists/Senior Residents, are discharging the same duties as are being discharged by all those who are in receipt of higher education allowance, they cannot be discriminated against in respect of payment of higher education allowance as they are also post graduate and similarly situated as others. . 5. For the foregoing reasons, this writ petition is allowed. Respondents are directed to grant higher education allowance at the rate of Rs. 7,000/- per month to the petitioners from the due dates. This exercise be carried out within four weeks. Pending applications, if any, also stand disposed of. Jyotsna Rewal Dua Judge 28th September, 2026. (jai)