2026:HHC:41231 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 16568 of 2026 Decided on: September 25 , 2026 Bihari Lal ...Petitioner Versus State of Himachal Pradesh & Ors. ...Respondents Coram: Ms. Justice Jyotsna Rewal Dua, Judge 1Whether approved for reporting? For the petitioner : Mr. Surender Sharma, Senior Advocate with Mr. Neeraj Sharma, Advocate. For the respondents : Ms. Seema Sharma, Deputy Advocate General. Jyotsna Rewal Dua, Judge This writ petition has been filed for the grant of following substantive reliefs:- “(i) That the respondents may kindly be directed to grant an opportunity to the petitioner to exercise the option for the promotional increment after getting the benefit of annual increment on and w.e.f. 01.01.2018 instead of 06.10.2017 and thereafter; 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2026:HHC:41231 -2- (ii) The respondents may kindly be directed to re-fix the pay of the petitioner and to grant all consequential benefits upon such revision/refixation; (iii) That the respondents may kindly be directed to grant the arrears on account of refixation of the pay of the petitioner by changing his date of promotional increment from 06.10.2017 to 01.01.2018 alongwith interest @ 9% per annum.” 2. Grievance of the petitioner was noticed as under in the order passed in this writ petition on 23.09.2026:- “Notice. Mr. Y.P.S. Dhaulta, learned Additional Advocate General, accept notice on behalf of the respondents. Petitioner’s case is that he was not given any opportunity to exercise his option on promotion; That he was promoted to the post of Work Inspector in October, 2017; and that he has not been granted the benefit of the additional pay increment to be given on promotion. On the contrary, his annual increment, which was due in January, has been shifted to October. Let learned Additional Advocate General to have instructions in the matter. List on 25.09.2026.” Pursuant to above order, learned Deputy Advocate General has placed on record office instructions dated 24.09.2026 from the Executive Engineer, Kumarsain Division, HPPWD Kumarsain, relevant portion of which reads as under:- 2026:HHC:41231 -3- “In this behalf, it is respectfully submitted that in compliance to the directions passed by the Hon’ble Court dated 23.09.2026, the petitioner has been promoted from Mate to the post of Work Inspector vide the Engineer-in- Chief, HP.PWD., Shimla vide his letter No.PWE-133-2(R&P) ES-III-2017-9863-10069 dated 29.09.2017 and joined his duty on 06.10.2017 (FN). The petitioner increment was falling in the month of January prior to his promotion, after promotion to the post of Work Inspector one additional increment on his promotion was granted to him w.e.f. 06.10.2017 accordingly, his next date of increment will be due in the month of October 2018 after completion of twelve months period. The petitioner has not exercised any option to secure his annual increment which was falling in the month of January prior to his promotion and it was not mentioned in the promotion order. Now he is claiming the annual increment for the month of January as and when the petitioner submit the option the increment will be given by the respondent on that date.” In view of the issue involved in this writ petition, taking note of the office instructions, no separate reply is considered necessary from the respondents. The matter has accordingly been heard on the basis of aforesaid office instructions. 2(i) Petitioner was appointed as daily waged worker in the respondents-department during the year 1994. His services were regularized as Mate on 18.01.2007 in the pay scale of Rs. 2520 – 4140/- (with initial start of Rs. 2620/-). Another office order was 2026:HHC:41231 -4- issued by the respondents on 23.09.2015 regularizing the services of the petitioner as Mate retrospectively w.e.f. 01.01.2003. 2(ii) During the year 2017 petitioner got three increments i.e. one annual increment on 01.01.2017, thereafter financial upgradation on account of 14 years of Assured Career Progression increment on 01.01.2017 and subsequently promotional increment consequent upon his promotion as Work Inspector on 06.10.2017. After petitioner’s promotion on 06.10.2017 the next date of annual increment of the petitioner was changed and fixed as 01.10.2018. Petitioner was promoted as Work Inspector vide office order dated 29.09.2017 w.e.f. 06.10.2017 i.e. the date of joining as Work Inspector. Consequent upon petitioner’s promotion as Work Inspector w.e.f. 06.10.2017 his pay was fixed initially in the pre- revised pay scale and subsequently as per Himachal Pradesh Civil Services (Revised Pay) Rules, 2022. Consequent upon fixation of pay of petitioner, promotional increment was granted to him. As a result of grant of promotional increment, revised basic pay of the petitioner was fixed at Rs. 30,500/- in Cell-15. Date of annual increment of the petitioner was 1st of January of every year. Petitioner earned his annual increment in this manner on 01.01.2017 till his promotion as Work Inspector w.e.f. 06.10.2017. After petitioner’s promotion to the post of Work Inspector, date of grant of 2026:HHC:41231 -5- annual increment to him was changed by the respondents from 1st of January to 1st of October. Consequently, next date of annual increment of the petitioner was somehow fixed by the respondents as 01.10.2018. Adverse affects thereof became noticeable with the enforcement of the Himachal Pradesh Civil Services (Revised Pay) Rules, 2022 (in short ‘Revised Pay Rules, 2022’) which came into force w.e.f. 01.01.2016. Rule 8 of the Revised Pay Rules, 2022 reads as under:- “8. Fixation of pay on promotion The fixation of pay in case of promotion from one Level to another in the revised pay structure shall be made in the following manner, namely:- (I) the Government employee shall progress ahead on the horizontal range in Pay Matrix on Promotion/ non-functional financial upgrade; (II) on promotion from one Level to another, the Government employee shall have an option to get his pay fixed in the higher post either from the date of his promotion or from the date of his next increment. The option may be exercised within a period of one month from the date of his promotion; (III) in case, the Government employee opts to get his pay fixed on the higher post from the date of his promotion, one increment shall be given in the Level from which the Government employee is promoted and he shall be placed at a Cell equal to the figure so arrived at in the Level of the post to which promoted, and if no such Cell is available, he shall be placed at the next higher Cell in that Level. The next increment in the higher post shall be granted after completion of qualifying service of twelve months (See Illustration No. 11); (IV) in case, the Government employee opts to get his pay fixed from the date of his next increment, in the Level of the post 2026:HHC:41231 -6- from which Government employee is promoted, his pay shall be regulated as under: - (a) from the date of promotion till his date of next increment, the Government employee shall be placed at the next higher Cell in the Level of the post to which he is promoted; (b) subsequently, on the date of next increment, in the Level of the post to which Government employee is promoted, his pay shall be re-fixed and two increments (one accrued on account of annual increment and the second accrued on account of promotion) may be granted in the Level from which the Government employee is promoted and he shall be placed, at a Cell equal to the figure so arrived, in the Level of the post to which he is promoted; and if no such Cell is available in the Level to which he is promoted, he shall be placed at the next higher Cell in that Level (See Illustration No. 12); and (c) The next increment in the higher post in this case shall be granted after completion of qualifying service of twelve months from the date of re- fixation; and (V) In case of a Government employee, who stand promoted between the period from 1st day of January, 2016 to the date of notification of these rules, the option may be exercised by him within a period of one month from the date of such notification along with the option for pay revision as per rule 6. The option once exercised shall be final. The pay structure of promotional post in the level of Pay Matrix shall be corresponding to the pay band and grade pay of such post under the Revised (Pay) Rules, 2009.” 3. Learned Senior Counsel for the petitioner laid emphasis upon Rule 8(II) thereof which provides that on promotion from one 2026:HHC:41231 -7- Level to another, the Government employee shall have an option to get his pay fixed in the higher post either from the date of his promotion or from the date of his next increment. Rule 8(IV) deals with a situation where the Government employee opts to get his pay fixed from the date of his next increment. As per Rule 8(IV)(a) ‘from the date of promotion till his date of next increment, the Government employee shall be placed at the next higher Cell in the Level of the post to which he is promoted’. As per Rule 8(IV)(b) ‘subsequently, on the date of next increment, in the Level of the post to which Government employee is promoted, his pay shall be re-fixed and two increments (one accrued on account of annual increment and the second accrued on account of promotion) may be granted in the Level from which the Government employee is promoted’. As per Rule 8(IV)(c) ‘the next increment in the higher post in this case shall be granted after completion of qualifying service of twelve months from the date of re- fixation’. Petitioner’s case is that consequent upon revision of pay scale, his pay was revised and refixed vide office order dated 21.03.2023. While refixing petitioner’s pay as on 01.01.2016 was fixed at the level corresponding to Grade Pay of Rs. 1900/-, Level-3. After granting benefit of annual increment to the petitioner as on 2026:HHC:41231 -8- 01.01.2016 his pay was fixed in Cell 12 i.e. Rs. 27,900/-. Subsequently, upon grant of annual increment as on 01.01.2017, petitioner’s basic pay was fixed in Cell-13. On completion of 14 years regular service at Mate he was also granted ACPS increment on 01.01.2017. Petitioner’s pay was thus fixed in this manner in Cell-14 at Rs. 29,600/-. Consequent upon petitioner’s promotion as Work Inspector w.e.f. 06.10.2017, his pay was fixed at Cell-15 i.e. Rs. 30,500/- with next date of annual increment as 01.10.2018. 4. Petitioner’s grievance is that after his promotion on 06.10.2017 next date of his annual increment was changed and fixed as 01.10.2018. He was promoted as Work Inspector w.e.f. 06.10.2017 i.e. after enforcement of Revised Pay Rules 2022 (enforced retrospectively w.e.f. 01.01.2016) and option in terms of Rule 8 of said Rules was required to be taken from the petitioner by the respondents within a period of one month for fixation of his pay. It is the case of petitioner that had opportunity of exercising requisite option been granted to him at the relevant time he would have exercised option consequent upon his promotion by opting fixation of his pay from the date of annual increment i.e. 01.01.2018; That petitioner’s pay was required to be fixed by the respondents in consonance with Rule 8(IV) of the Revised Pay Rules 2022, however, respondents have shifted and changed the date of annual 2026:HHC:41231 -9- increment of the petitioner from 1st day of January to 1st day of October causing him recurring financial loss. Learned Deputy Advocate General has placed on record office order dated 29.09.2017 wherein petitioner was promoted as Work Inspector. Apparently, the aforesaid order promoting the petitioner as Work Inspector did not provide him option as mandated under Fundamental Rule (F.R.) 22 for his promotional increment. This has not been even disputed by the respondents in the office instructions dated 24.09.2026. It was for the respondents to have given option to the petitioner only then petitioner would have exercised same for securing his annual increment. Rule 8 of the Revised Pay Rules, 2022 also provide for option to the Government employee for getting his pay fixed in the higher post either from the date of his promotion or from the date of his next increment with different procedures for both the options. Prima facie, there appears to be substance in petitioner’s grievance that consequent upon his promotion on 06.10.2017, promotional increment was granted to him without seeking his option under F.R.22, which otherwise was to be granted to him after seeking option from him and had such option been given to him, petitioner might have opted for the promotional increment from a prospective date i.e. after earning next annual increment. This would have cascading effect upon his monthly salary 2026:HHC:41231 -10- while fixing his pay in the Revised Pay Rules, 2022 which came into force retrospectively w.e.f. 01.01.2016, however, these are facts which require to be examined threadbare by the respondents. In view of the above, this writ petition is disposed of with a direction to respondent No. 2/competent authority to examine the case of the petitioner vis-à-vis F.R. 22 and Rule 8 of the Revised Pay Rules, 2022 for providing option to the petitioner for earning his promotional increment on account of his promotion as Work Inspector as also date of annual increment within a period of four weeks from today. In the said process, an opportunity of hearing be also provided to the petitioner. In case it is found that option was required to be given to the petitioner, the said exercise by giving option & taking consequent action be also carried out within the aforesaid period. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua, Judge September 25 , 2026 (PK)