Citation : 2025 Latest Caselaw 3352 HP
Judgement Date : 5 August, 2025
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.16279 of 2024
.
Date of Decision: 5.8.2025
_____________________________________________________________________
Varsha Katoch and Ors. .........Petitioners
Versus
State of Himachal Pradesh & Ors. .......Respondents
Coram
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting?
For the Petitioner: Mr. Yogesh Kumar Chandel, Advocate.
For the respondents: Mr. Rajan Kahol & Mr. B.C. Verma, Additional
Advocate Generals with Mr. Ravi Chauhan,
Deputy Advocate General.
___________________________________________________________________________
Sandeep Sharma, J. (Oral)
Before reply, if any could be called for from the
respondents, learned counsel for the petitioners invited attention of
this Court to judgment dated 21.3.2024, passed by the coordinate
Bench of this Court in bunch of petitions, lead case whereof is CWP
No. 8148 of 2022, titled as Yashwant Kumar v. State of Himachal
Pradesh and Ors., to state that issue otherwise sought to be decided in
the instant proceedings, already stands adjudicated in the aforesaid
judgment and as such, petitioners would be content and satisfied in
case directions are issued to the respondents to consider and decide
case of the petitioners in light of aforesaid judgment. He further
submitted that in one of the connected cases i.e. COPC No. 722 of
2024 in CWP No. 2056 of 2023, titled as Ghanshyam Dass and Ors. v.
Mr. Devesh Kumar and Ors. decided on 18.6.2025, afore judgment has
not only been implemented, but benefit arising out of the same has
.
already been released to the petitioners in terms of orders passed by
this Court in Ghanshyam Dass (supra)
2. Having carefully perused aforesaid judgment vis-à-vis
relief sought in the instant petition, Mr. B.C. Verma, learned
Additional Advocate General, while putting in appearance on behalf of
the respondents, states that he is not opposed to the aforesaid
innocuous prayer made by the petitioners with regard to disposal of
their representation.
3. Having carefully perused averments contained in the
petition, which is duly supported by an affidavit, this court finds that
issue sought to be decided in the instant proceedings already stands
adjudicated in the aforesaid judgment. Limited grievance of the
petitioners in the case at hand is that as Himachal Pradesh Civil
Services (Revised Pay) Rules, 2022 were given effect w.e.f. 1.1.2016,
therefore, petitioners are also entitled to be paid the difference of the
minimum of pay band plus grade pay as was actually paid to them vis-
à-vis the minimum of pay band plus grade pay after revision.
Coordinate Bench of this Court having taken note of aforesaid fact has
already directed in bunch of petitions, as has been noticed herein
above, to fix the pay of the petitioners for the period they served on
contract basis in the revised pay band plus grade pay alongwith such
hike, to which they are entitled to in terms of revised notification,
.
which has been not held invalid till date.
4. Consequently, in view of the above, this Court, without
going into the merits of the case, deems it fit to dispose of the present
petition with a direction to the respondents to consider and decide the
representation of the petitioners in light of Yashwant Kumar (supra),
which has not been interfered till date, expeditiously, preferably within
a period of four weeks. Ordered accordingly. In case, petitioners are
found to be similarly situate to the petitioner in the aforesaid
judgment, they would be extended similar benefits. Needless to say,
authority concerned, while doing the needful in terms of instant order,
shall afford an opportunity of being heard to the petitioner and pass
appropriate orders thereafter. Pending applications, if any, stand
disposed of.
August 5, 2025 (Sandeep Sharma),
Manjit Judge
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