Himachal Pradesh High Court
_____________________________________________________________________ vs State Of Himachal Pradesh & Ors on 26 May, 2025
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.8695 of 2025
Date of Decision: 26.05.2025
_____________________________________________________________________
Chanchal 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. Vinay Sharma, Advocate.
For the respondents: 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.
___________________________________________________________________________
Sandeep Sharma, J. (Oral)
By way of instant petition, petitioner has prayed for the
following main reliefs:
"(i) Issue an appropriate writ of mandamus or any other
appropriate writ, order or direction, directing the respondents to
grant the petitioner the behalf of higher stage of pay scale
(Rs.37,600/-) w.e.f. April, 2024, upon completion of two years of
regular service, in accordance with Rule7 (A) of the Himachal
Pradesh Civil Services (Revised Pay) First Amendment Rules,
2022 and in parity with similarly situated employees as per the
judgment passed by this Hon'ble Court in CWP No. 1638 of
2024, Mohit Sharma and Ors. versus State of H.P. annexed as
Annexure P-1.
(ii) Direct the respondents to consider and decide the
representation dated 09.12.2024 (Annexure P-2) submitted by
the petitioner within a time bound manner.
(iii) Quash and set aside the inaction of the respondents in not
granting the higher pay scale to the petitioner, being arbitrary,
discriminatory and violative of Articles 14, 16 and 21 of the
Constitution of India."
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 (Annexure P-2) 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.
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 petitioner (Annexure P-2) 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 26, 2025 (Sandeep Sharma),
Manjit Judge
