The High Court of Himachal Pradesh upholds and clarifies that, following Mohit Sharma, all employees appointed before 03.01.2022 and later regularised are entitled to the benefits of the Revised Pay Rules, 2022, including Rule 7(A), upon completing two years of regular service—irrespective of their prior contractual status. This decision reaffirms precedent and provides clear binding guidance for future cases involving government service pay scales in Himachal Pradesh.
Summary
| Category | Data |
|---|---|
| Case Name | CWP/16782/2025 of Rajneesh Kumari Vs THE STATE OF HP AND OTHERS |
| CNR | HPHC010645842025 |
| Date of Registration | 28-10-2025 |
| Decision Date | 29-10-2025 |
| Disposal Nature | Disposed Off |
| Judgment Author | Hon’ble Ms. Justice Jyotsna Rewal Dua |
| Court | High Court of Himachal Pradesh |
| Precedent Value | Binding on subordinate courts within Himachal Pradesh |
| Overrules / Affirms | Affirms the decision in Mohit Sharma (CWP No. 1638/2024, decided on 29.11.2024) |
| Type of Law | Service Law — Revised Pay Rules, Government Employment Pay Scales |
| Questions of Law | Whether regularised employees appointed before 03.01.2022, regardless of prior contractual service, are entitled to the benefits of HP Revised Pay Rules, 2022, including higher pay as per Rule 7(A). |
| Ratio Decidendi |
The Court held that once an employee is regularised, the Revised Pay Rules, 2022, apply to them regardless of prior contractual or temporary status, provided the appointment was before 03.01.2022. The Court emphasized that denial of such benefits post-regularisation would create unjustified discrimination among employees performing identical work in the same cadre, violating Articles 14 & 16 of the Constitution of India. It was also clarified that Rule 7(A) of the Rules applies to all employees regularised after 03.01.2022, upon their fulfillment of the requisite conditions, and that any other interpretation would be discriminatory. The decision in Mohit Sharma was expressly relied upon and applied. |
| Judgments Relied Upon | Mohit Sharma and Anr. Vs. State of H.P. and others (CWP No. 1638/2024, decided on 29.11.2024) |
| Logic / Jurisprudence / Authorities Relied Upon by the Court |
|
| Facts as Summarised by the Court |
The petitioner, who commenced contractual service before 03.01.2022 and was later regularised in April 2022, claimed entitlement to the revised pay scale under the Revised Pay Rules, 2022. Her claim was rejected on the ground that she had not completed two years of contractual service by 30.09.2021 and was not covered by Mohit Sharma. However, it was noted the petitioner completed two years of contractual service by October 2021. The Court found the respondent did not correctly apply Mohit Sharma. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Himachal Pradesh and State authorities handling service matters under the Revised Pay Rules, 2022 |
| Persuasive For | Other High Courts and potentially the Supreme Court in similar factual and statutory contexts |
| Follows | Mohit Sharma and Anr. Vs. State of H.P. and others (CWP No. 1638/2024, decided on 29.11.2024) |
What’s New / What Lawyers Should Note
- The judgment reaffirms and clarifies the binding principle that all regularised employees appointed before 03.01.2022—irrespective of prior contractual or temporary status—are entitled to the benefits under the HP Revised Pay Rules, 2022, including enhanced pay under Rule 7(A), after completing relevant years of regular service.
- The court highlights that discrimination between employees based on the timing of regularisation is violative of equality principles under Articles 14 & 16 of the Constitution, and cannot be sustained.
- The decision provides a ready template for employees denied pay scale benefits post-regularisation and strengthens the enforceability of the Mohit Sharma precedent.
- State authorities must consider the substance of appointment and regularisation dates rather than formalistic or technical distinctions arising from prior service nature.
- Clear guidance is given that employees who become regular after 03.01.2022 are also entitled to benefits of Rule 7(A) upon satisfying stipulated conditions.
Summary of Legal Reasoning
- The Court examined the decision in Mohit Sharma, which held that upon regularisation, an employee becomes part of the regular cadre and hence entitled to the benefits of the Revised Pay Rules, 2022, including Rule 7(A), regardless of earlier contractual or temporary status.
- It was clarified, as per Mohit Sharma, that the Rules do not withhold benefits from employees regularised after the notification date (03.01.2022); rather, they extend benefits upon completion of requisite regular service.
- The Court noted that making distinctions among regular employees based on regularisation date or prior status would create discrimination among equals, contrary to Articles 14 & 16 of the Constitution.
- The respondent’s reliance on the non-applicability of Mohit Sharma was held misplaced; the petitioner completed two years of contractual service prior to October 2021 and was regularised after that, thus falling under the principles set out in Mohit Sharma.
- The Court quashed the impugned rejection order and directed re-examination strictly following the reasoning in Mohit Sharma.
Arguments by the Parties
Petitioner
- Sought higher pay scale based on the principles laid out in Mohit Sharma.
- Emphasised completion of two years of contractual service before regularisation and argued for parity in benefits with other regular employees.
Respondent (State of H.P.)
- Rejected the petitioner’s claim on the ground that she had not completed two years of contractual service up to 30.09.2021.
- Asserted that the petitioner was not covered by Mohit Sharma on this basis and, therefore, not entitled to the benefits of the Revised Pay Rules, 2022.
Factual Background
The petitioner commenced continuous contractual service prior to 03.01.2022, completing two years in October 2021. Her services were regularised in April 2022. She sought revised pay scale benefits under the HP Revised Pay Rules, 2022, claiming coverage under the principles established in Mohit Sharma. The respondent authority rejected her claim, asserting non-completion of contractual service within their cutoff date and non-applicability of Mohit Sharma. This led to the present writ petition.
Statutory Analysis
- The Rules confer benefits on all regular employees upon fulfillment of eligibility criteria, irrespective of prior contractual or temporary service.
- Rule 7(A) applies to employees appointed prior to 03.01.2022 without distinguishing between contractual or regular appointees, and the benefit accrues upon completing two years of regular service.
- Any interpretation that withholds benefits from regularly appointed employees based on past service status or timing of regularisation is impermissible and unconstitutional.
Dissenting / Concurring Opinion Summary
No dissenting or concurring opinions are noted in the judgment.
Procedural Innovations
- The Court dispensed with necessity to call for a reply from the respondents in view of the legal issue being clear from the record and the applicability of existing precedent.
- Imposed costs of ₹10,000/- to be deposited with the ‘Chief Justice Disaster Relief Fund 2025’, introducing accountability and deterrence against arbitrary administrative rejections.
Alert Indicators
- ✔ Precedent Followed – The judgment applies and clarifies the precedent in Mohit Sharma, affirming its binding value.