Hem Raj vs State Of H.P. & Ors.

Jyotsna Rewal Dua, Judge

Notice. Mr. L.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents. Keeping in view the grievance of the petitioner, the nature of the impugned order and the order being passed hereinafter, there is no necessity to call for reply from the respondents. The matter has been accordingly heard at this stage.

Petitioner feels aggrieved against office order dated 26.08.2026 (Annexure P-3) issued by respondent No.3 re-fixing his pay. According to the petitioner, he had been drawing higher pay prior to the issuance of office order dated 26.08.2026 re-fixing his pay; The previous orders had correctly fixed petitioner’s pay by granting him 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 petitioner’s pay has been carried out from the date of his promotion, rather than from the date of his next increment, as originally opted for by him; Due to this retrospective & unilateral alteration, one increment previously granted to the petitioner has been reduced. The petitioner has alleged that this is not only illegal, but has also caused significant financial burden upon him and is contrary to the procedural protections available under law; The petitioner, vide his representation dated 29.08.2026 (Annexure P-4), has also represented to the respondents/ competent authority regarding the aforesaid grievance, however, the said representation has not been considered and decided till date.

Learned counsel for the petitioner submitted that the petitioner would be content in case the respondents/competent authority(s) are directed to consider and decide the aforesaid representation in accordance with law within a fixed-time schedule. Learned Additional Advocate General is not averse to this prayer.

Keeping in view the above facts, this writ petition is disposed of with direction to respondent No.3/ competent authority to consider and decide the aforesaid representation of the petitioner (Annexure P-4) in accordance with law; Petitioner’s grievances be redressed keeping in view the option previously exercised by him, 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 petitioner in the adjudicatory process. Till such time, recovery, if any, based upon the impugned office order dated 26.08.2026 shall not be effected from the petitioner.

The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.