Himachal Pradesh High Court

Cwp No. 7224/2025 vs State Of H.P. & Ors on 2 May, 2025

Author: Jyotsna Rewal Dua

Bench: Jyotsna Rewal Dua

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Decided on: 02.05.2025

1. CWP No. 7224/2025

Manish Sharma & Ors. ...Petitioners

Versus State of H.P. & Ors. ....Respondents.

2. CWP No. 7226/2025

Vijay Kumar & Ors. ...Petitioners

Versus State of H.P. & Ors. ....Respondents.

3. CWP No. 7228/2025

Tanika Devi & Ors. ...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. Naresh Kaul, Advocate.

For the respondent(s): Ms. Leena Guleria, Deputy Advocate General.

Jyotsna Rewal Dua , J

Notice. Ms. Leena Guleria, learned Deputy Advocate

General, accepts notice on behalf of the respondent(s).

Whether reporters of the local papers may be allowed to see the judgment?

2. These writ petitions have been filed for the grant of

almost common substantive reliefs. Relief clause herein is extracted

from CWP No.7224/2025:-

"(i) 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 Petitioners w.e.f. the date when the Petitioners have completed their two years service on contract 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 and the petitioners be accorded the benefit of Himachal Pradesh Civil Services (Revised pay) Rules, 2022 after taking into account the services rendered by them on contract basis as having been appointed prior to 03.01.2022, as has been approved by the Cabinet on 14.10.2022.

(b) That this Hon'ble Court may be pleased to issue the Writ in the nature of mandamus directing the Respondents to extend the benefits of the Notifications dated 03.01.2022 & 06.09.2022 and Grant Higher Stage of Pay in the Concerned Level of Pay Matrix i.e. Rs. 37,600/- as per Notification dated 06.09.2022 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. According to the petitione(s), the legal issue involved in

the case has already been adjudicated upon. The grievance of the

petitioner(s) is that their representations, annexed with the respective

petitions, have still not been decided by the respondents/competent

authority.

4. Once the legal principle involved in the adjudication of

present petition has already been decided, it is expected from the

welfare State to consider and decide the representation of the

aggrieved employee within a reasonable time and not to sit over the

same indefinitely compelling the employee to come to the Court for

redresssal of his grievances. This is also the purport and object of the

Litigation Policy of the State. Not taking decision on the