IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.16787 of 2026 Decided on: 30th September, 2026 ------------------------------------------------------------------------------------- Daljeet Singh …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Ms. Archna Dutt, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Ms. Seema Sharma, Deputy Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Petitioner is serving as Art & Craft Teacher. On completion of 20 years of regular service, he was granted two special increments vide office order dated 19.11.2022. On 20.01.2026 (Annexure P-5), respondent No.1 issued an office communication to respondent No.2 that the matter regarding pay fixation of C&V Teachers was taken up with the Finance (Pay Revision) Department, who had advised as under:- 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 “Examined in consultation with the Finance (Pay Revision) Department. It is observed that the Finance (Pay Revision Department) had issued notification dated 27.09.2012 whereby it was ordered that C&V Teachers, Drivers and all Class-IV employees shall continue to get special/additional increment after putting in 20 years of regular service under the HPCS (Category/postwise) Rules, 2012. After the inception of HPCS (RP) Rules, 2022 notified on 03.01.2022 the Rule 14 i.e. the “Overriding effect” of which provide that the provisions of all previous pay rules including the Category/ postwise rule, 2012 shall not save us otherwise provided in these rule apply to the cases where the pay is regulated under these rules to the extent they are inconsistent with Pay Rules, 2022.” 2. Apprehending recovery of two special increments granted to him previously, the petitioner instituted this writ petition. His grievance was noticed as under in the order passed in this writ petition on 25.09.2026:- “Notice. Ms. Seema Sharma, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents. Petitioner apprehends that on account of finance department instructions as contained in office letter dated 20.01.2026 (Annexure P-5) and office letter dated 12.08.2026 (Annexure P-6), the respondents might effect recovery for the two additional increments given to the petitioner after putting in 20 years of regular service by him. Let learned Deputy Advocate General to have instructions on the subject matter raised in this writ petition. List on 29.09.2026.” 3. Pursuant to above order, learned Deputy Advocate General has placed on record office instructions 3 dated 29.09.2026 from respondent No.2, inter alia, conveying that Himachal Pradesh Civil Services (Revised Pay) Rules, 2022 notified on 03.01.2022 are Statutory Rules enacted under Article 309 of the Constitution of India. Such statutory rules completely override, replace and extinguish any prior executive instructions, office memorandums or category-wise pay policies to the extent of their inconsistency, more so, in light of Rule 14 of the 2022 Rules, which provides as under:- “14. Overriding effect: The provisions of the Fundamental Rules, OM No.Fin C-(8)-9/79 dated 2nd November, 1979, the Himachal Pradesh Civil Services (Revised Pay) Rules, 1988, the Himachal Pradesh Civil Services (Revised Pay) Rules, 1998, the Himachal Pradesh Civil Services (Revised Pay) Rules, 2009 and Himachal Pradesh Civil Services (Category/Post wise Revised Pay) Rules, 2012 as amended from time to time, shall not save as otherwise provided in these rules, apply to the cases where pay is regulated under these rules to the extent they are inconsistent with these rules.” It has further been conveyed that under the 2022 Revised Pay Rules, a completely consolidated, holistic pay matrix level structure has been introduced, which consciously does not carry forward these isolated cadre- specific increments; The previous notifications dated 18.06.1999, 21.06.2000 and 27.09.2012 (Annexures P-1 to P-3, respectively) stand textually and legally superseded by 4 the legislative mandate; Petitioner’s pay fixation and current emoluments shall be derived entirely from the revised framework of 2022 Rules. The office instructions are also to the effect that for the emoluments paid to the petitioner in past, the respondent-Department has neither effected any recovery nor intends to effect any recovery. 4. Learned counsel for the petitioner submits that since the respondents have assured not to effect any recovery from the petitioner for the special increments paid to him in past, the grievance of the petitioner raised in this writ petition stands redressed. In view of above, the present writ petition to stand disposed of. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua September 30, 2026 Judge Mukesh