Himachal Pradesh High Court
Gopal Singh Verma vs State Of H.P. & Others on 30 May, 2025
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
CWPOA No.: 1667 of 2019
Decided on :30.05.2025
Gopal Singh Verma ....Petitioner.
Versus
State of H.P. & others
...Respondents.
Coram
The Hon'ble Mr. Justice Satyen Vaidya, Judge.
Whether approved for reporting?1 Yes
For the petitioner : Mr. Adarsh K. Vashishta, Advocate.
For the respondents: Mr. Baldev Negi, Additional
Advocate General.
Satyen Vaidya, Judge
The instant petition has been filed for the following
substantive reliefs:
i) "That a writ in the nature of certiorari may
kindly be issued for quashing Annexure P-8,
dated 05.03.2013 addressed by
Respondent No.4 to respondent No.1.
Whether reporters of the local papers may be allowed to see the judgment?
( 2025:HHC:16874 )
ii) A writ in the nature of mandamus may kindly
be issued in favour of the petitioner and against
the respondents directing the respondents to
pay and release Secretariat pay in favour of the
petitioner during the period of his posting in H.P.
Secretariat @ Rs.600/- p.m. w.e.f. 01.12.2011 to
30.09.2012 and @ Rs.1200/- p.m. w.e.f
1.10.2012 onwards as per sanction accorded by
the competent authority by way of office order
dated 20.01.2013."
2. The case of the petitioner in nutshell is that
he was working as Legal Assistant in the Directorate of
Education, H.P. The petitioner was deputed temporarily to
Education D-Section of the H.P. Secretariat vide
communication dated 09.06.2005, issued from the office
of Principal Secretary Education, Government of H.P.
3. Thereafter petitioner continuously served in
H.P. Secretariat till his retirement in the year 2023. In
between post of Legal Assistant was re-designated as Law
Officer in 2006 and later petitioner was promoted as
Deputy Director Legal in 2020.
4. The grievance of the petitioner is that he has
not been granted benefit of Secretariat pay in terms of the
( 2025:HHC:16874 )
Notification of the State Government dated 23.04.2012,
subsequently amended on 27.09.2012.
5. Petitioner represented his case to the
Competent Authority but the representation was rejected
and was conveyed to the petitioner by communication
dated 05.03.2013. Hence this petition.
6. Respondents are contesting the claim of the
petitioner. According to them the petitioner is not entitled
to Secretariat Pay for the reason that he was working on
the establishment of Directorate of Education and his
deployment in H.P. Secretariat was on temporary basis.
7. I have heard learned counsel for the parties and
have also gone through the record of the case carefully.
8. A copy of Notification dated 23.04.2012 has
been placed on record as AnnexureP-3. By way of this
Notification, a decision had been taken by the State
Government to grant Secretariat Pay to certain categories
of employees as detailed in the said Notification. The
relevant extract in the Notification reads as Under:
2. "The Governor, Himachal Pradesh, after
careful consideration is pleased to order that the
( 2025:HHC:16874 )
certain categories of employees working in the
Himachal Pradesh Secretariat and its above
stated equivalent offices will be given Secretariat
Pay at the rates mentioned in Annexure-A
enclosed to this letter with effect from
01.12.2011. The Secretariat Pay admissible
under these orders will be treated as part of
basic pay for calculation of various types of
allowances and pensionary benefits. This
Secretariat Pay shall substitute the Secretariat
Allowance admissible to all such
categories/posts as per letter No.Fin(PR)-B(7)-
4/98 dated 14th January,1999 and subsequent
letters issued on the subject from time to time
and this Allowance shall stand abolished as on
30.11.2011."
9. The plain reading of the Notification reveals that the
benefit of Secretariat Pay was made available to the
categories of employees working in the H.P. Secretariat at
the rates mentioned in Annexure-A enclosed to the
Notification. The date from which such benefit was made
available was 01.12.2011. As per Annexure-A, the
Secretariat Pay at the rate of Rs.600/- per month was made
available to the post of Law Officer. The rate of Secretariat
Pay was enhanced to Rs.1200/- per month in the case of
Law Officer vide Notification dated 27.09.2012.
( 2025:HHC:16874 )
10. It is not disputed by the respondents that
the petitioner had worked in H.P. Secretariat from
2005 till 2023. This cannot be termed as temporary
deployment by any stretch of imagination. In fact the
petitioner had rendered substantial part of his service
in H.P. Secretariat and he finally retired therefrom.
Even otherwise, the stand taken by the respondents
has no basis. It was no where mentioned in the
Notification Annexure P-3 that only those employees
would be benefited with the Secretariat Pay who were
working or were being paid from the establishment of
H.P. Secretariat.
11. Thus, the petition is allowed.
Communication Annexure P-8 dated 05.03.2013 is
quashed and set-aside. The petitioner is held entitled
to Secretariat Pay w.e.f 01.12.2011 as per Notification
Annexure-P-3. The arrears will be paid to the petitioner
within eight weeks from today, failing which the
respondents shall be liable to pay interest at the rate of
9% per annum.
( 2025:HHC:16874 )
Petition is accordingly disposed of. Pending
miscellaneous application(s), if any, shall also stand
disposed of.
(Satyen Vaidya)
th
30 May, 2025 Judge
(Veena)
