Date Of Decision: 06.05.2025 vs State Of Himachal Pradesh & Ors
2025 Latest Caselaw 533 HP

Himachal Pradesh High Court

Date Of Decision: 06.05.2025 vs State Of Himachal Pradesh & Ors on 6 May, 2025

Author: Sandeep Sharma

Bench: Sandeep Sharma

                                                                 2025:HHC:12813




IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                               CWP No.7391 of 2025
                                       Date of Decision: 06.05.2025
_____________________________________________________________________
Surender Kumar                                              .........Petitioner
                                         Versus
State of Himachal Pradesh & Ors.                         .......Respondents

Coram
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting?
For the Petitioner:       Mr. Mandeep Chandel, 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 this Hon'ble Court may be pleased to issue the Writ in the nature of mandamus, order or directions to the Respondents to regularize the services of the Petitioner w.e.f. the date when the Petitioner has completed their two years' service on contract basis, and also grant the benefit of High stage of Pay of 37,600 being a covered matter by the law laid down by this Hon'ble Court vide judgment dated 29.11.2024 (Annexure-P/5) in CW.P. No. 1638 of 2024 titled as Mohit Sharma & Others Vs State of HP & Others whereby it has to be held that incumbents are entitled to the benefit of higher stage of pay under Rule 7(A) of the Himachal Pradesh Civil Services (Revised Pay) First Amendment Rules, 2022, notified on 06.09.2022, on completion of two years of regular service.

(ii) 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.

40,100/-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%."

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.

Vishal Panwar, learned Additional 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-6) 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