ORDER : Both these petitions are being decided by a common judgment as common question of law and facts are involved. 2. Petitioners in both the petitions are Ayurvedic Medical Officers (for short “AMOs”) serving respondent No.1. 3. Respondent No.1 framed Recruitment and Promotion Rules for the post of AMOs under Article 309 of the Constitution of India, on 17.02.2009 (for short “2009 R & P Rules”). As per these rules, the prescribed pay scale for AMOs, appointed on regular basis was 7220-220-8100-275-10300-340-11660, whereas AMOs appointed on contract basis were to get fixed pay of Rs. 10,830/- with due and admissible increase on extension of contract service on year-to-year basis. 4. Government of Himachal Pradesh vide notification dated 26.08.2009, Annexure P-9, notified Himachal Pradesh Civil Services (Revised Pay) Rules, 2009 and were made effective from 01.01.2006. Accordingly, respondent No.1 also amended 2009 R & P Rules of AMOs on 20.09.2020. The pay scale for regular AMOs was prescribed at Rs. 10,300-34800+5000 grade pay. AMOs appointed on contract basis were to get Rs.15,300/- per month with due and admissible increase on extension of contract service on year-to-year basis. 5. Petitioners in CWPOA No. 6401 of 2019, who earlier were working on contract basis were regularised as AMOs vide order dated 10.08.2015, Annexure A-4, in the pay scale of Rs.10,300-34,800+5000 grade pay + admissible NPA. The pay of petitioners in CWPOA No. 6401 of 2019 was fixed in terms of Himachal Pradesh Civil Services (Revised Pay) Rules, 2009 and the General Conversion Table as also Fitment Table-17 included in the schedule to such rules were applied. The relevant extract of General Conversion Table reads as under:- Pre-revised Revised Sr. No. Group Pay Scale Pay Band Group Corresponding pay Bands Grade Pay Initial 17 (i) 7220-220-8100-275-10300-340-11660 PB-3 (I) 10300-34800 5000 18450 Further the relevant extract of Fitment Table 17 reads as under:- Pre-revised pay Scale Revised pay structure Revised pay Scale + Grade Pay Rs.10300-34800 + Rs.5000 Rs.7220-11660 Revised Pay Basic Pay Pay in the pay Band Grade Pay Revised Basic Pay 7220 13450 5000 18450 Accordingly, the pay scale of petitioners in CWPOA No. 6401of 2019, was fixed at 13450+5000=18450. 6. The Respondent No.1, vide notification dated 13.09.2012, Annexure A-12, had ordered the grant of pay scale of Rs.15,600-39100 plus 5400/- Grade Pay to AMOs/Homeopathic Medical Officers/Unani Medical Officer/Amchi with immediate effect, after rendering two years regular service. 7. 6. The Respondent No.1, vide notification dated 13.09.2012, Annexure A-12, had ordered the grant of pay scale of Rs.15,600-39100 plus 5400/- Grade Pay to AMOs/Homeopathic Medical Officers/Unani Medical Officer/Amchi with immediate effect, after rendering two years regular service. 7. The Government of Himachal Pradesh further notified Himachal Pradesh Civil Services (category/post wise revised pay) Rules, 2012, on 24.09.2012. 8. On dated 27.11.2015, respondent No.1 issued a communication to respondent No.2 to the following effect” “I am directed to refer to your letter No. Ay-H(B)(06)-01-10-1/6027 dated 02.09.;2015 on the subject cited above and to say that the matter has been examined at the Government level in consultation with the Finance Department and it is clarified that the pay structure of AMOs has been re-revised as Rs.13,600-39100+ Rs.5400 Grade Pay on completion of two years of regular service after 01.01.2006 i.e. general revision of pay scales by the Ayurveda Department vide Notification dated 13.09.2012 with immediate effect and as such the pay of AMOs category regularized/appointed after this date is to be fixed in the pay structure of Rs.10300-34800 +5000 Grade Pay without any initial pay start. You are, therefore, requested to take action accordingly in the matter under intimation to this department. This issue with the prior approval of Finance Department Obtained vide Diary No. 53397533-Fin(PR)-B(7)-662/2010-Loose dated 18.11.2015.” 9. In pursuance to the aforesaid communication dated 27.11.2015, the pay scale of AMOs i.e. petitioners in CWPOA No. 6401/2019 was placed at the minimum of 10300-34800+5000 Grade Pay without any initial pay start. Their pay accordingly was reduced to Rs.15,300/- per month in place of 18,450/- as originally fixed. 10. Petitioners in CWPOA No. 2223 of 2020 were regularised as AMOs with effect from 6.10.2016 and their pay fixation was also made in terms of communication dated 27.11.2015, Annexure A-1 and were fixed at Rs.15,300/- per month as basic pay. 11. Petitioners in both the petitions, therefore, are aggrieved against the communication dated 27.11.2015, Annexure A-1, and also its consequential effect and have approached this Court with following prayers: - “Prayers in CWPOA No. 6401 of 2019. (A) That the order/letter dated 27.11.2015 (Annexure A-1) may be quashed and set aside. (B) That the office order dated 9.12.2015 (Annexure A-14) may also be quashed and set aside. (C) That the applicants may be held entitled to initial basic pay of Rs.18450/- in the pay band of Rs. (A) That the order/letter dated 27.11.2015 (Annexure A-1) may be quashed and set aside. (B) That the office order dated 9.12.2015 (Annexure A-14) may also be quashed and set aside. (C) That the applicants may be held entitled to initial basic pay of Rs.18450/- in the pay band of Rs. 10300-34800+5000 Grade Pay as per Schedule, Fitment Table and provisions of Himachal Pradesh Civil Services (Revised Pay) Rules, 2009. (D) That the respondents may further be directed to pay all the arrears pursuant to fixation of basic pay at Rs.18,450/- in the pay band of Rs. 10300-34,800 + 5000 Grade Pay as per Schedule, Fitment Table and provisions of Himachal Pradesh Civil Services (Revised Pay) Rules, 2009. Prayers in CWPOA No. 2223 of 2020. (A) That the action of the respondent in fixing the basic pay of the Applicants at Rs.10300+5000 Grade Pay i.e. Rs.15,300/- instead of Rs.13,450 +5000 Grade Pay i.e. Rs.18450/- may be declared to be wrong and illegal and the pay fixation made vide Annexure A-10 may be quashed and set aside. (B) That the applicants may be held entitled to initial basic pay of Rs.18450/- in the pay band of Rs.10300-34800+5000 Grade Pay as per Schedule, Fitment Table and provisions of Himachal Pradesh Civil Services (Revised Pay) Rules, 2009. (C) That the respondents may further be directed to pay all the arrears with effect from 06.10.2016 pursuant to fixation of basic pay at Rs.18450/- in the pay band of Rs.10300-34800 +5000 Grade Pay as per Schedule, Fitment Table and provisions of Himachal Pradesh Civil Services (Revised Pay) Rules, 2009.” 12. In response, the contention on behalf of the respondents has been that the pay scales of the employees of the State of Himachal Pradesh are allowed keeping in view the following facts: - “(i) H.P. Government, by and large, follows Punjab Government pay scales, but it is not done blindly and the State Government in any particular case may or may not implement a particular pay scale in view of the R&P rules, administrative level, staffing pattern, impact on other similarly placed categories etc. (ii) Punjab Government pay scales are not automatically applicable in Himachal Pradesh. Even pay scale is to be examined and after careful consideration matter is to be decided with the approval of competent authority. (ii) Punjab Government pay scales are not automatically applicable in Himachal Pradesh. Even pay scale is to be examined and after careful consideration matter is to be decided with the approval of competent authority. (iii) Even where government intends to implement a particular pay scale, such a pay scale comes into force only from such date and as such terms and conditions, as are determined by the State Government in its order/notification. (iv) Himachal Pradesh is an independent State and only its orders are applicable on its employees. No one can claim a pay scale just on the basis of order issued by the Punjab Government.” Further, it has been submitted that Himachal Pradesh Government to allow re-revision during the intervening period of General Revision of pay scales in exercise of powers conferred by proviso to Article 309 of the Constitution of India has framed Himachal Pradesh Civil Services (Category/Post wise Revised Pay) Rules, 2012, vide notification dated 24.09.2012. These Rules have overriding effect over Recruitment and Promotion Rules framed for the post of AMOs. Communication dated 27.11.2015, Annexure A-1, is stated to have been issued on the dictum of these rules. 13. I have heard the learned counsel appearing for the parties and have also carefully gone through the records. 14. The controversy involved in these petitions is in narrow encompass. The contention raised on behalf of the petitioners is that the Himachal Pradesh Civil Services (Category/Post wise Revised Pay) Rules, 2012 applied only to such categories of Himachal Pradesh Government employees as mentioned in the Schedule annexed to these rules. As per petitioners, the category of AMOs has never been included in the Schedule appended to the aforesaid rules, therefore, said rules cannot be a valid source for issuance of communication dated 27.11.2015, Annexure A-1. 15. Rules 1 & 2 of Himachal Pradesh Civil Services (Category/Post wise Revised Pay) Rules, 2012, read as under:- “1. Short title and commencement:- (i) These rules may be called the Himachal Pradesh Civil Services (Category/Post-wise Revised Pay) Rules, 2012. (ii) They shall come into force with effect from the date as mentioned in Column 6 of the “Schedule” appended to these rules. 2. Short title and commencement:- (i) These rules may be called the Himachal Pradesh Civil Services (Category/Post-wise Revised Pay) Rules, 2012. (ii) They shall come into force with effect from the date as mentioned in Column 6 of the “Schedule” appended to these rules. 2. Application:- Save as otherwise expressly provided by or under these rules; they shall apply to only such categories of Himachal Pradesh Government employees as mentioned in the aforesaid Schedule; Provided that the Himachal Pradesh Civil Services (Revised Pay) Rules, 2009 notified vide No. Fin-(PR)B(7)-1/2009 dated:26th august, 2009 and subsequent amendment(s) thereto shall not apply to the category/post of employees as mentioned in the 'Schedule” with effect from the date mentioned in Column No.6 of the said Schedule.” 16. The plain reading of these rules clearly suggests only one inference that for applicability of these rules to a category of Himachal Pradesh Government employees, the inclusion of such category in Schedule appended to these rules is sine qua non. It is only from the date of inclusion of any category of Himachal Pradesh Government employees in such schedule, these rules would be applicable. 17. It is evident from the rules and Schedules appended thereto from time to time that the category of AMOs has not been included in any of the Schedules. That being so, the contention of respondents regarding applicability of 2012 Rules to the category of AMOs cannot be sustained and consequently the communication dated 27th November, 2012, Annexure A-1 and its consequence deserves to be quashed. 18. Mr. Desh Raj Thakur, learned Additional Advocate General has raised an argument that the effect of communication dated 27.11.2015, Annexure A-1, is only to draw parity with all other employees of the State Government covered under 2012 Rules. Simultaneously, Mr. Desh Raj Thakur, learned Additional Advocate General has fairly submitted that an exception has been carved for the employees of Agriculture Department. In support of his contention Shri Thakur has relied upon a decision of the Hon'ble Supreme Court in a case titled as K.T. Veerappa and others vs. State of Karnataka and others, (2006)9 SCC 406, wherein it has been held that : “13. In support of his contention Shri Thakur has relied upon a decision of the Hon'ble Supreme Court in a case titled as K.T. Veerappa and others vs. State of Karnataka and others, (2006)9 SCC 406, wherein it has been held that : “13. He next contended that fixation of pay and parity in duties is the function of the Executive and financial capacity of the Government and the priority given to different types of posts under the prevailing policies of the Government are also relevant factors. In support of this contention, he has placed reliance in the case of State of Haryana and Anr. v. Haryana Civil Secretariat Personal Staff Association (2002) 6 SCC 72 and Union of India and Anr. v. S.B. Vohra and Ors. (2004) 2 SCC 150 . There is no dispute nor can there be any to the principle as settled in the case of State of Haryana & Anr. v. Haryana Civil Secretariat Personal Staff Association (supra) that fixation of pay and determination of parity in duties is the function of the Executive and the scope of judicial review of administrative decision in this regard is very limited. However, it is also equally well-settled that the courts should interfere with administrative decisions pertaining to pay fixation and pay parity when they find such a decision to be unreasonable, unjust and prejudicial to a section of employees and taken in ignorance of material and relevant factors.” 19. No doubt, fixation of pay and determination of parity in duties is a function of the executive and the scope of judicial review is limited. However, the writ court cannot be a mute spectator even in the cases where the administrative action is found unreasonable, unjust and prejudicial to a section of employees or such action is otherwise harsh and arbitrary. In the facts of the present case, the respondents have come up with a specific defence that communication dated 27.11.2015, Annexure A-1, was issued on the strength of 2012 Rules. No other explanation has been rendered. In view of this, the argument raised by learned Additional Advocate General cannot be countenanced as the same would be in conflict with the pleaded case of the respondents. 2012 Rules have been framed by the State Government in exercise of powers emanating from the proviso to the Article 309 of the Constitution of India. In view of this, the argument raised by learned Additional Advocate General cannot be countenanced as the same would be in conflict with the pleaded case of the respondents. 2012 Rules have been framed by the State Government in exercise of powers emanating from the proviso to the Article 309 of the Constitution of India. Once the State Government had omitted to include the category of AMOs in the Schedule appended to the said rules, it cannot be allowed to turn around and try to justify its action of so-called equitable consideration. As noticed above, the categories of employees in Agriculture department of the State have also been exempted from the rigors of these rules. There was nothing to prevent the State Government to include the category of AMOs in the Schedule appended to the 2012 Rules. Communication dated 27.11.2015 Annexure A-1 being mere administrative instructions will not supersede 2012 rules framed under Article 309 of the Constitution of India. The argument so raised by the learned Additional Advocate General is thus rejected. 20. In the light of above discussion, both these petitions are allowed and the impugned communication dated 27.11.2015 (Annexure A-1) as also the order dated 9.12.2015 (Annexure A-14) in CWPOA No. 6401 of 2019 are quashed and set aside. The respondents are directed to fix the initial pay of petitioners in both the petitions at Rs.18450/- from the respective dates of their regularization. Needless to say, consequential benefits, if any, accrued to the petitioners shall follow. No order as to the costs. All pending applications also stand disposed of.