Himachal Pradesh High Court
Cwp No. 11072/2024 vs State Of H.P. & Anr on 4 July, 2025
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
CWP Nos. 11072 & 11098 of 2024
.
Decided on: 04.07.2025
1. CWP No. 11072/2024
Ravinder Kumar ...Petitioner
Versus
State of H.P. & Anr. ....Respondents.
2. CWP No. 11098/2024
Deepika Kumari & Ors.
to ...Petitioners
Versus
State of H.P. & Ors. ....Respondents.
...........................................................................................
Coram
Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting? 1
For the petitioner(s): Mr. Onkar Jairath, Advocate, in
both the petitions.
For the respondent(s): Mr. Prashant Sharma, Advocate,
for respondent No.1, in CWP No.
11072/2024.
Mr. Anup Rattan, Advocate
General with Mr. L.N. Sharma,
Additional Advocate General for
respondent No.2 in CWP No.
1 Whether reporters of the local papers may be allowed to see the judgment? yes
11072/2024 and for all the
respondents in CWP
No.11098/2024.
Jyotsna Rewal Dua , J
.
Even though the reply has not been filed, however, with
the consent of learned counsel for the parties, the matters are heard
at this stage.
2. These writ petitions have been filed for the grant of
almost common substantive reliefs. Relief clause herein is extracted
from CWP No. 11072/2024:-
"a. That this Hon'ble Court may be pleased to issue the Writ in
r the nature of Certiorari or any other appropriate writ order or
direction quashing and setting aside the Impugned action of the
Respondents, whereby the Regularization of the Petitioner has
been delayed unnecessarily and has been regularized on and
w.e.f. Order dated 29.09.2022 instead from September 2021,
when the Petitioner completed his two years' service on
contractual basis being patently illegal, arbitrary and
unconstitutional besides the same being in violation to the settled
law of the land.
b) That this Hon'ble Court may be pleased to issue the Writ in
the nature of mandamus, order or directions directing the
Respondents to regularize the services of the Petitioner w.e.f.
September 2021, when the Petitioner completed his two years'
service on contractual basis i.e. from the date the Regularization
Policy was liberalized, along with all consequential benefits,
including the benefit of Himachal Pradesh Civil Services (Revised
pay) Rules, 2022 keeping in view the fact that the Petitioner has
completed two years of contract service in the month of
September, 2021 i.e. prior to 03.01.2022 as per the Regularization
policy dated 28.12.2021 and the petitioner be accorded the benefit
of Himachal Pradesh Civil Services Revised pay) Rules, 2022 after
taking into account the services rendered by him on contract basis
as having been appointed prior to 03.01.2022, as has been
approved by the Cabinet on 14.10.2022.
c) That this Hon'ble Court may be pleased to issue the Writ in
.
the nature of mandamus directing the Respondents to Grant
Higher Stage of Pay in the Concerned Level of Pay Matrix i.e. Rs.
31200/-and fix their pay from due date i.e. after completion two
years of regular service with all consequential benefits including
the arrears along with interest @ 9%."
3. Learned counsel for the petitioner(s) submitted that the
issue involved and the reliefs prayed for by the petitioner(s) have
already been adjudicated in Mohit Sharma and Anr. Vs. State of
H.P. and others2. Learned counsel further submitted that the
petitioner(s) would be content, if the cases of the petitioners are
considered by the respondents in light of the aforesaid judgment
within a time bound schedule.
Learned Additional Advocate General has no objection
to this prayer.
4. Having regard to above submissions but without
examining the merits of the matters, these petitions are disposed of
by directing the respondents to consider the cases of the petitioners
in light of the aforesaid judgment and pass appropriate order in
accordance with law within a period of six weeks from the date of
receipt of copy of this order. The decision so arrived at, shall be
communicated to the petitioner(s).
2CWP No. 1638 of 2024, decided on 29.11.2024
Pending miscellaneous application(s), if any, also to
stand disposed of.
.
Jyotsna Rewal Dua
Judge
4th July, 2025(rohit)
r to
