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Decided On: 25.03.2026 vs State Of Himachal Pradesh And Others
2026 Latest Caselaw 2178 HP

Citation : 2026 Latest Caselaw 2178 HP
Judgement Date : 25 March, 2026

[Cites 1, Cited by 0]

Himachal Pradesh High Court

Decided On: 25.03.2026 vs State Of Himachal Pradesh And Others on 25 March, 2026

Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
                                                                                            2026:HHC:8921
           IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                           CWP No.          3583 of 2026
                                                           Decided on: 25.03.2026




                                                                                .
    Yudhvir Singh                                                         .......Petitioner





                                Versus





    State of Himachal Pradesh and others                                            ... Respondents
    Coram
    Hon'ble Mr. Justice Ajay Mohan Goel, Judge.




                                                     of
    Whether approved for reporting?1
    _____________________________________________________
    For the petitioner      :     M/s Chandranarayana Singh, Dr.
                          rt      Nidhi Singh, Anshul Gandhi and
                                  Ramesh Kumar Advocates.

    For the respondents                  :        Mr.    Rahul    Thakur,     Deputy
                                                  Advocate General for respondents -
                                                  State.

                                         :        Mr.     Susheel, Gautam,                 Advocate


                                                  for respondents No. 4.

    Ajay Mohan Goel, Judge                        (Oral)

Notice. Mr. Rahul Thakur, learned Deputy Advocate

General and Mr. Susheel Gautam, learned Counsel, accept notice on

behalf of the respective respondents.

2. By way of this writ petition, the petitioner has inter

alia prayed for the following reliefs:-

"i) Issue a writ of Mandamus or other appropriate writ

order or direction directing quashing the impugned order

Dated 12.08.2025 (Annexure P-12) & with further directions

to the Respondents to Regularize the contractual services of

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

2026:HHC:8921

.

the Petitioner on the post of Data Entry Operator in the

respondents department (i.e. Respondent No.1 to 3) after

completion of Six Years of contractual service i.e. w.e.f.

20.10.2015 in terms of the regularization policy framed by

the respondent State with all consequential benefits.

of

ii) Issue a writ of Mandamus or other appropriate writ order

or direction directing the respondents to re-fix the pay of the rt Petitioner and pay the entire consequential benefits in

favour of the Petitioner with in time bound manner along

with 12% Interest.

iii) Issue a writ of Mandamus or other appropriate writ order

or direction, by directing the respondents to pay equal pay

and perks to Petitioner from the initial date of his

appointment to the post of Data Entry Operator working on

contract basis Or after completion of Two years of

contractual service as paid to regular employees of the

government department in terms of the law laid down by

the Hon'ble Apex Court of India with all consequential

benefits."

3. Learned Counsel for the petitioner has drawn the

attention of the Court of Annexure P-9 and has submitted that when

the petitioner had earlier approached the Court, said petition was

disposed of by this Court in terms of Annexure P-8, order dated

2026:HHC:8921

.

17.05.2024, with the direction to the authority to decide the

representation of the petitioner in terms of the averments thereof

within a period of six weeks. Learned Counsel has submitted that in

compliance to the said order, the Authority has passed order dated

of 03.10.2024 (Annexure P-9), in which it is mentioned that though the

case of the petitioner is squarely covered by the judgment passed in

Sant Ram and another vs. State of H.P. and others (CWPOA No. rt 3562 of 2019) decided on 06.09.2022, but as the matter is pending

before the Hon'ble Supreme Court in SLP, no further action can be

taken in the matter. Learned Counsel for the petitioner submitted

that now the matter stands decided by Hon'ble Supreme Court of

India as the SLP stands dismissed by Hon'ble Supreme Court and so

also was the fate of the review petition. Accordingly, he submitted

that this petition be disposed of by directing the respondents to

confer same benefits upon the petitioner as have been granted to

Sant Ram by the Court.

4. I have heard learned counsel for the petitioner, learned

Additional Advocate General and learned counsel for respondent

No.4 and have also carefully gone through the pleadings as well as

documents appended therewith.

5. The petitioner herein is seeking a mandamus to the

2026:HHC:8921

.

respondents for regularization of his contractual service on the post

of Data Entry Operator upon completion of six years, in terms of the

averments made in the writ petition.

6. It is a matter of record that earlier also, the petitioner

of had approached this Court and the petition was disposed of with the

direction that let the representation of the petitioner be decided by

the Authority concerned. It is further a matter of record that in the rt course of deciding the said representation of the petitioner, which

was decided vide Annexure P-9, dated 03.10.2024, the following was

observed by the Authority that the case of the petitioner was no

different than Sant Ram's case.

7. Thus, it is evident from the decision of the competent

Authority that it stood admitted by the Department that the case of

the petitioner was not different from that of Sant Ram. That being

the case, now the respondent-Department cannot be allowed to take

the plea that the case of the petitioner is fundamentally different

from that of Sant Ram, as is the stand taken in the reply, which is

hereby rejected.

8. Therefore, in light of the fact that in terms of the earlier

order dated 3.10.2024, passed by the competent Authority, the

action in the case of the petitioner was deferred on account of the

2026:HHC:8921

.

pendency of the matter before the Hon'ble Supreme Court in Sant

Ram's case (supra) and now as that issue has attained finality, this

petition is allowed and respondents are directed to confer benefits

upon the petitioner by treating the directions passed in Sant Ram's

of case as having been passed in the case of the petitioner also. The

contractual services of the petitioner shall be regularized from due

date, notional and actual benefits shall accrue, three years rt preceding the date of filing of the first writ petition by the petitioner.

Let needful be done, within a period of three months from today.

9. The petition is disposed of in above terms. Pending

miscellaneous application(s), if any, also stand disposed of

accordingly.

(Ajay Mohan Goel) Judge

March 25, 2026 (narender)

 
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