No. EDN-H(2)B( 12)CWP ITGT's-2026-Pay scale.

Directorate of School Education

``Offlceorder"
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CWP No 536#6 MilaD Chand. . CVI/P No. 1083% Pramila Rani. Devi. Clh/P =°N*429/26
No. 429#6
Sunil Kumar. CWP No. 225/26 Rakesh Kumar V/s State of Il.P. ( Regarding on analogv of
Mohit Sharma)

The petitioners have filed the present Civil Writ Petition thereby seeking the relief to grant the
benefit of higher pay scale after completion of two years of regular service from the due date, as the petitioner
had completed two years of regular service as per judgment passed by the Hon'ble High Court in CWP No.
1638#024 titled as Mohit Sharma V/s State of H.P. & others alongwith all consequential benefit.

The said case was listed before the rion'ble High Court on different dated when Hon'ble
High Court has directed that the "Consequently, in view of the above, this Court without going into the n]erits
of the case deems it fit to dispose of the present petition with a direction to the respondents to consider and
decide the pending representation (Annexure P-3) of the petitioner expeditiously, preferably within a period of
six weeks in light of Mohit Sharma case (supra). Ordered accordingly. Needless to say, authority concerned,
while doing the needful in terms of instant order, shall afford an opportunity of hearing to the petitioner and pass
a speaking order thereupon. Liberty is reserved to the petitioner to file appropriate proceedings in appropriate
court of law, if he still remains aggrieved. Pending applications, if any, also stand disposed of.

Whereas, Sh. Mohit Sharma has been appointed as Clerk on contract basis on compassionate
grounds in Education Department and he has joined on 08.02.2019. At the time of appointment9 the contract
period was 03 years and as per Government directions contractual were regularized after completion of 03 years
of continuous services on contract basis.

And whereas, the Government has notified Revised Pay Scale Rule- 2022 vide notification
No. Fin{PR)B(7) -1#021 dated 03 .012022 for Govt, employees and as per clause 2. I of these rules, they shall
apply to all the persons appointed on regular basis to the services and posts in connection with the affairs of the
State of Himachal Pradesh and whose pay is debited to the Consolidated Fund of State of Himachal Pradesh.
But as per clause 2.2 they shall not apply to the (g) persons employed on contract basis. And as per OM No.
Fin(C+B(7+2/2021 dated 12.01.2022 Government has revised the emoluments of contract employees and fixed
amount, equal to 60% (Sixty percent) of the first cell of the applicable level of the Pay Matrix Of the
corresponding cadre of employees, appointed/working on a regular basis. Thereafter, as per Finance Department
notification no. Fin|PR)B(7}1#021-loose dated 06.09.2022 it was decided that the pay of employee of those
categories/posts included in Schedule-II shall be fixed at higher pay stage in the concerned level of pay matrix
after completion of two: years regular service as given in Schedule-II". This rule shall apply to the employees
who were appointed before 3rd January 2022.

And whereas, as per Department of Finance notification No. FINPR+ B(I +1/202 I -LOOSE
dated 23 .06.2022 Government has allowed placement in higher pay structure on completion of two years regular
service as was admissible under Re-revision 2012 to the government employees who were in position before the
notification of HP Civil Services (Revised Pay) Rules, 2022 on 03.01.2022.

And whereas, as per order of the Hon'ble High Court dated 29.11.2024 passed in CWP
1638/2024 titled as Mohit Sharma V/s State of H.P. and others, the benefit of higher pay scale has been granted
to the petitioner vide office order No. EDN-HE( I )E(3+2024-Pay scale clated 08.04.2025 .
 Whereas, the case of the petitioners examined and found that the petitioners were appointed as
TGT in the year, 2019, 2021 on contract basis and regularized in the year, 2022 & 2023 and has desired the
benefit on analogy of Mohit Sharma case. The case of the petitioners are similar siuated to the Mohit Sharma's
Case.

As order passed by the Hon'ble High Court and as per approval received from the Govt. vide
their letter dated 04.04.2026, the petitioners are allowed higher pay scale in the concerned level of pay matrix
after completion of two years regular service subject to the final outcome of LPA filed by the State in Mohit
Sharma case. The DDO concerned is hereby directed to fix the pay of the petitioner and release the arrear as per
Finance Department instruction from time to time and compliance report sent to this Directorate immediately.
However, an undertaking to this effect may be obtained from the petitioner that the overpayment if any, found, in
later stage shall be recovered from them accordingly. The entry be also made in the service book of individual
concerned, May infom the parties accordingly.

5rdfckeR
Endst no. even dated shimla-17100l July, 2026.
Copy forwarded for information and further necessary ?ction to:-
1. The Secretary (Education) to the Government of Himachal Pradesh, Shimla-
2. The Deputy Director of School Education, Kangra H.P. with the directions to do the needful and also
intimate the petitioner accordingly.
3. The Supdt. Legal Cell for information please.
4. The Pri concerned is hereby directed that if the petitioner's case is not found to be similarly situated, it
back to this Directorate immediately.
ncharge IT cell with the request to upload the same on official website.
6. Sh. Milap Chand, TGTorM), GSSS, Tihri Distt. Kangra.
7. Smt. Pramila Rani, TGT(M), GHS Tanda Dist. Kangra.
8. Sh. Sunil Kumar, TGT(A), GHS Khanda Sanihal Distt. Kangra.
9. Sh. Rakesh Kumar, TGT(A), GSSS, Darini Distt. Kangra..
10. Guard file.

D'iier{nratpn{qrh^nlEdutation U-
DRECTOR
0 4 JUL 2026

Himacha\Pradesh,Shimla-171001