Subhash chand Vs Hp State Forest Corporation

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( 2026:HHC:12174 )

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

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CWPOA No.1305 of 2020 Decided on: 16.04.2026

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Subhash Chand ...Petitioner Versus The Managing Director, H.P. State Forest Development Corporation and others

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...Respondents

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Coram Hon’ble Mr.Justice Jiya Lal Bhardwaj, Judge. Whether approved for reporting?¹ For the petitioner: Ms.Anjali Soni Verma, Advocate. For the respondents: Mr.D.S. Kainthla, Advocate.

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Jiya Lal Bhardwaj, Judge (Oral)

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By way of present writ petition, the petitioner has sought directions to the respondents to promote him as per services rendered by him in the respondent-Corporation and further to release his service benefits such as grade pay and revised pay scale from time to time along-with arrears and interest and also to finalize his seniority. 2. As per pleadings in the petition, the petitioner was regularized as Semi-Skilled Worker vide office order dated 03.03.2011 (Annexure A-1) in the pay-scale of Rs.31205160/- w.e.f. 01.04.1999 with all consequential benefits. The

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1 Whether the reporters of Local Papers may be allowed to see the judgment?

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pay-scale of the category of the Semi-Skilled Worker was revised and re-fixed in the pay scale ofRs.5910-20200+grade pay of Rs.1900/- and as per office order dated 07.05.2011 (Annexure A-2), the petitioner was granted the pay scale of Rs.5910-20200+grade pay of Rs.1900/-. The petitioner had been working as technical employee and handing the Timber Treatment Plant, Jhaniary, District Hamirpur, H.P. since October, 2002.

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The respondent-Corporation vide a

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communication dated 14.02.2013, conveyed the decision of the Board for release of grade pay to its employees w.e.f. 01.10.2012 in accordance with the Government of Himachal Pradesh Notification No.Fin.(PR)-B(7)64/2010 dated 27.09.2012 (Annexure A-3). A perusal of the aforesaid Notification reveals that the Junior Technicians were fixed in pay band of Rs.5910-20200/- and grade pay of Rs.1900/and the revised grade pay of Rs.2400/- was to be given after two years of regular service. Technicians Grade-II were to be granted grade pay of Rs.2800/- and Technicians Grade-I were held entitled to pay band of Rs.10300-34800+grade pay of Rs.3200/- and the dates from which the same were made applicable was fixed w.e.f. 01.10.2012.

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The grievance of the petitioner as raised in the petition is that he is entitled to grade pay of Rs.2400/- w.e.f. 01.10.2012 since he was granted the revised pay scale of Rs.5910-20200+grade pay of Rs.1900/-w.e.f. 01.01.2006 and his services were regularized as Semi- Skilled Worker w.e.f. 01.04.1999. The petitioner was not granted the grade pay, though he has served with the respondent-Corporation for more than 15 years. Further, the respondent-Corporation has neither promoted him nor finalized his seniority list, despite requests being made on numerous occasions and also representation being made in the month of September, 2014. All efforts made by him went in vain. The respondentCorporation had flatly refused to release any service benefits to him and also his representation regarding his promotion to the post of Foreman Grade-II was rejected vide communication dated 31.01.2015 (Annexure A-5).

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The respondent-Corporation filed reply to the petition, wherein it has been averred that the respondentCorporation is a company wholly owned and controlled by the State Government of Himachal Pradesh and is incorporated under the Companies Act, 1965. It has further been averred that the respondent-Corporation since its inception on

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01.04.1974, has been adopting the policies, instructions and subsequent guidelines issued by the State of Himachal Pradesh from time to time. It has also been admitted that the petitioner was regularized as Semi Skilled Worker w.e.f. 01.04.1999 in the pay-scale of Rs.5910-20200 + Rs.1900 grade pay. So far as the applicability of the Notification dated 27.09.2012 is concerned, it has been averred that this Notification is not applicable to the petitioner as the category of Semi-Skilled Worker has not been mentioned in the said Notification. Furthermore, the Government of Himachal Pradesh vide letter dated 19.06.2013 has clarified that grade pay to some categories was revised strictly as per Punjab Pay Pattern and the categories which are not mentioned in the Punjab Notification, the grade pay of those categories has not been revised.

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I have heard the learned counsel for the parties and also perused the record carefully.

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It is not in dispute that when the petitioner was not regularized in the pay-scale of Rs.3120-5160/- as SemiSkilled Worker, he had raised dispute, which was referred for adjudication before the Labour Court-cum-Industrial Tribunal and the Labour Court vide award dated 16.06.2005

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(Annexure A-10) had answered the reference in favour of the petitioner and he was held entitled for regularization as SemiSkilled Worker in the pay-scale of Rs.3120-5160/- w.e.f. 01.04.1999 with all consequential benefits. In sequel to the said award passed by the learned Labour Court, the respondents-Corporation had regularized the services of the petitioner, vide office order dated 03.03.2011, as a SemiSkilled Worker in the pay-scale of Rs.3120-5160/- w.e.f. 01.04.1999 with all consequential benefits.

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It is also not in dispute that after the decision by the Hon’ble Supreme Court of India, the petitioner, who was re-designated vide office order dated 07.05.2011 to the post of Semi-Skilled Worker, was granted the revised pay scale of Rs.5190-20200+ grade pay of Rs.1900/-. It is also not in dispute that the Board of the respondent-Corporation had adopted the Notification dated 27.09.2012 and approved the release of grade pay to its employee’s w.e.f. 01.10.2012. As per Notification dated 27.09.2012, the persons, who were holding the post of Junior Technician, were held entitled to grade pay of Rs.2400/- after completion of two years of regular service w.e.f. 01.10.2012. The State Government had issued the Notification on 30.08.1997(Annexure A-9),

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whereby the categories of Skilled and Semi-Skilled posts were designated as Junior Technicians. After that, the Principal Secretary (Finance) to the Government of Himachal Pradesh had issued instructions/clarification on 29^th May, 2014(Annexure A-12), regarding grant of three tier pay-scale in the combined cadre of Technician, whereby common cadre of skilled and semi skilled Technicians have been granted the three tier pay structure. As per these instructions, the pay of Junior Technician shall not exceed 50% of the posts of Technicians of various levels, Technician Grade-III shall not exceed 30% of the posts of Technicians of various levels and further Technicians Grade-III shall be re-designated as Technician Grade-II. Technician Grade-II shall not exceed 20% of the posts of Technicians of various levels and further, Technician Grade-II shall be re-designated as Technician Grade-I. It has further been clarified that where the Technician cadre is formed at circle level and due to nonavailability of adequate sanctioned strength of Junior Technicians, the placement scale cannot be granted in the prescribed ratio of 50:30:20, in such cases, the prescribed condition of percentage may be ignored and placement scale of Rs.4020-6200/- and designation of Technician Grade-II,

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may be granted to the Junior Technician on completion of 7 years of regular service. Similarly, the placement scale of Rs.4550-7220/- and designation of Technician Grade-I may be granted to the Technician Grade-II on completion of five years of regular service as Technician Grade-II. It was also stated that consequent upon the revision of pay-scales notified on 26.08.2009, the category of Technician is getting the pay structure by way of conversion w.e.f. 01.01.2006. The said instructions are reproduced hereinbelow:-

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“ No. Fin (PR)B(7)-45/2010 Government of Himachal Pradesh Finance (Pay Revision) Department.

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From

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The Principal Secretary (Finance) to the Government of Himachal Pradesh.

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To

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1. All the Administrative Secretaries to the Government of Himachal Pradesh.

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2. All the Heads of the Departments in Himachal Pradesh. Dated Shimla-171002, the 29^th May, 2014

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Subject: - Clarification regarding grant of three tier pay scale in the combined cadre of Technician.

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Sir/Madam,

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I am directed to invite a reference to Himachal Pradesh Civil Services (Revised Pay) First Amendment Rules, 1998 notified vide notification No Fin(PR)B(7)1/98 dated 01/09/1998 whereby the common cadre of

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Skilled and Semi-skilled Technicians have been granted the three tier pay structure as under :-

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*Sr.* *No.*	*Name* of *Category/post*	*Pay* *scale* *w.e.f.01/01/* 86	*Pay scale* *w.e.f.* *01/01/96*	*Remarks*
1.	Junior Technicians	950-1800 (With initial start of Rs.1000)	3120-5160	The post of Junior Technician shall not exceed 50% of the posts of Technicians of various levels.
2.	Technician Gr-III	1200-2130	4020-6200	This level shall not exceed 30% of various levels of Technicians of various levels of Technicians Grade- III shall be re- designated as Technician Grade-II
3.	Technician Gr-II	1365-2410	4550-7220	This level shall not exceed 20% of the posts of Technicians of various levels. The level of Technician Gr-II be re-designated as Technician Grade-I

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A clarification in this regard has been issued vide this department letter No Fin (PR)B(7)1-98-IV dated 09/01/2007 stating that in those Government Departments where Technician cadre is formed at Circle level and due to non availability of adequate sanctioned strength of Junior Technicians, the above placement scale cannot be granted in the prescribed ratio of 50:30:20, in such cases the prescribed condition of percentage may be Ignored and placement scale of Rs 4020-6200 and designation of Technician Gr-ll may be granted to the Junior Technician on completion of 7 years of regular service. Similarly, the placement scale of Rs 45507220 and designation of Technician Gr-I may be granted to the Technician Gr-ll on completion of 5 years of regular service as Technician Gr-II. Consequent upon the revision of pay scales notified on 26/08/2009 the category of Technician is getting the following pay structure by way of conversion w.e.f 01/01/2006:-

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*Sr. No.*	*Name of category/post*	*Pay band*
1.	Junior Technicians	5910-20200+1900
2.	Technicians Gr-II	5910-20200+2400
3.	Technician Gr-I	5910-20200+3000

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Since there had been no guidelines regarding grant of ACPS/ higher pay scales in the revised pay scales, instructions were issued vide this Department notification No Fin (PR)B(7)-1/98 dated 31/08/2009 stating therein that the cases of the officers/officials of the State Government due for grant of benefits under the ACPS or the cases of officials / officers who were eligible for placement in the next higher pay scale in three/ two tier pay under the pre-revised pay scales, may not be considered w.e.f. 26/08/2009, till further orders.

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References are being received from certain Departments seeking clarification regarding grant of three tier pay structure to the category of Technicians in the revised pay scales.

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In this context attention is invited towards the Schedule appended to Himachal Pradesh Civil Services (Category/Postwise Revised Pay) Rules, 2012 vide which the following pay structure has been allowed w.e.f. 01/10/2012 without any change in the procedure/percentage for the grant of three tier pay structure to the category of Technicians:-

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2.	*COMMON CATE*	*GORIES/P*	*OSTS*
*Sr.* *No.*	*Name* of *category/post*	*Pay band*	*Grade* *Pay*	*Remarks*	*Date* *from* *which* *applicable*
1.	Junior Technicians	i) 5910- 20200	1900	7810 initial start	Already existing
		ii) 5910- 20200	2400	This PB & GP will be given after two years of regular service	01/10/2012
2.	Technician Gr- II	5910- 20200	2800	-----	01/10/2012
3.	Technician Gr-I	10300- 34800	3200	------	01/10/2012

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It is clarified that as a sequel to the above re-revision of pay structure the incumbents in the cadre of Technicians are entitled for the grant of three tier pay structure as referred to above w.e.f 01/10/2012, subject to the fulfillment of criteria contained in FD's Notification dated 01/09/1998 and instructions dated 09/01/2007 as referred above. However, due to the three tier pay structure, Technicians will not be entitled for ACPS.

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These instructions may please be brought to the notice of all the concerned for information and compliance.

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Yours faithfully.

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Sd/-

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Under Secretary (Finance PR) to the Government of Himachal Pradesh”

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A perusal of Notification dated

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30.08.1997(Annexure A-9) clearly reveals that the pay-scale of the categories of skilled and semi-skilled posts under various Departments of Himachal Pradesh (including the work charged establishment) was granted and thereafter the posts were designated as Junior Technician. As per this Notification, the petitioner who was working on the post of Semi-Skilled Worker, was also required to be designated as Junior Technician, in view of the fact that the respondentCorporation in its reply has candidly admitted that the respondent-Corporation from its inception on 01.04.1974, has been adopting the policies, instructions and subsequent guidelines issued by the State of Himachal Pradesh from time to time. Once the respondent-Corporation had been adopting the policies issued by the State Government from time to time, it adopted the Notification dated 27.09.2012, whereby the Junior Technicians, who were granted the pay-scale of Rs.5910-20200 + Rs.1900/- as grade pay, after regularizing

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their services, were held entitled to grade pay of Rs.2400/after two years of regular service w.e.f. 01.10.2012. It is crystal clear from the clarification dated 29.05.2014 that where the Technician cadre is formed at circle level and due to non-availability of adequate sanctioned strength of Junior Technicians, the Junior Technician on completion of 7 years of regular service will be granted the regular pay-scale of Technician Grade-II and thereafter after completion of five years of regular service as Technician Grade-II, an employee shall get the pay-scale of Technician Grade-I. In the present case, the petitioner had been regularized on the post of SemiSkilled Worker, as per office order dated 03.03.2011 w.e.f. 01.04.1999. Once the respondent-Corporation had adopted the Notification dated 27.09.2012, the petitioner at the relevant time was getting the revised pay-scale of Rs.591020200+Rs.1900/- grade pay w.e.f. 01.01.2006 and thus, he was entitled to get grade pay of Rs.2400/- w.e.f. 01.10.2012. Thereafter, after completion of seven years of regular service as Junior Technician, he was entitled to pay-scale of Rs.591020200+grade pay of Rs.2800/-, taking the date w.e.f. 01.10.2012 till 01.10.2019. Thereafter, the petitioner was entitled to be re-designated as Technician Grade-I w.e.f.

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01.10.2024 and to the pay-scale of Rs.10300-34800+grade pay of Rs.3200/-. However, as per the submission made by learned counsel for the petitioner, the petitioner stood retired from service on attaining the age of superannuation on 31.08.2024 and thus, he was not entitled to the pay-scale ofRs.10300-34800+grade pay of Rs.3200/-. However, as per clarification issued by the State Government, which is binding on the respondent-Corporation as per their own stand taken in reply that it has been adopting the policies, instructions and subsequent guidelines issued by the State of Himachal Pradesh from time to time, the petitioner could not have been denied the said pay-scale and grade pay.

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So far as the relief claimed by the petitioner that the respondent-Corporation be directed to finalize the seniority list is concerned, that relief cannot be granted to him, since he has now retired from service and further nothing has been shown that how the petitioner has not been assigned the correct seniority position. The petitioner has not placed on record any seniority list to substantiate that the same has not been prepared as per law.

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Consequently, the present petition is allowed and the respondent-Corporation is directed to grant grade pay of

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Rs.2400/- to the petitioner w.e.f. 01.10.2012 and thereafter grade pay of Rs.2800/- w.e.f. 01.10.2019 after completion of seven years of service with all consequential benefits. In case the arrears on account of re-fixation are not released in favour of the petitioner within three months from today, the respondent-Corporation shall pay interest on the arrears @6% per annum from today till its actual payment.

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The writ petition is disposed of in the aforesaid

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terms, so also the pending applications, if any.

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( Jiya Lal Bhardwaj ) 16^th April, 2026 Judge (naveen)

Subhash chand v. Hp State Forest Corporation

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Subhash chand v. Hp State Forest Corporation

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