Citation : 2025 Latest Caselaw 464 HP
Judgement Date : 6 May, 2025
2025:HHC:12811
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.7425 of 2025
Date of Decision: 06.05.2025
_____________________________________________________________________
Monika Rani .........Petitioner
Versus
State of Himachal Pradesh & Ors. .......Respondents
Coram
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting?
For the Petitioner: Ms. Nandita, Advocate, vice Mr. Vinod
Chauhan, Advocate.
For the respondent: Mr. Anup Rattan, Advocate General, Mr. Rajan
Kahol, Mr. Vishal Panwar & Mr. B.C. Verma,
Additional Advocate Generals, with Mr. Ravi
Chauhan, Deputy Advocate General, for
respondents-State.
___________________________________________________________________________
Sandeep Sharma, J. (Oral)
By way of instant petition, petitioner has prayed for the
following main reliefs:
"(i) That respondent May Kindly be Directed to grant the similar benefit of higher stage of Pay as granted by the department in terms of the Judgment passed in CWP 1638 of 2024 titled as Mohit Sharma Vs State of HP.
(ii) 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. the date when the Petitioner have completed her 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 petitioner 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.
(iii) 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. 41600/- as per Notification dated 06.09.2022 and fix her pay from due date i.e. after completion two years of regular service with all consequential benefits including the arrears along with interest @ 9%."
2. Before reply, if any, from the respondents could be
received, learned counsel representing the petitioner, while inviting
attention of this Court to judgment passed by Coordinate Bench this
Court in CWP No. 1638 of 2024 titled Mohit Sharma & Anr. Vs.
State of Himachal Pradesh & Ors., states that issue raised in the
instant proceedings already stands adjudicated by Coordinate Bench
this Court in Mohit Sharma (supra) and as such, petitioner would be
content and satisfied in case directions are issued to the respondents
to consider the representation of the petitioner in light of aforesaid
judgment in a time bound manner.
3. While putting in appearance on behalf of respondents, Mr.
Ravi Chauhan, learned Deputy Advocate General, states that he is not
averse to aforesaid innocuous prayer made on behalf of the petitioner
and representation, if any, filed by the petitioner shall be considered
and decided expeditiously.
3. 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 petitioner (Annexure P-3) in light of Mohit
Sharma (supra), expeditiously, preferably within a period of four
weeks. Ordered accordingly. 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.
May 06, 2025 (Sandeep Sharma),
(sunil) Judge
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