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1913 DAILYLAW 1 (HP)

NAND LAL THAKUR v. THE STATE OF HP AND OTHERS

CWP/12615/2025 · 2026-07-22

Ajay Mohan Goel

body1913

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.1913 of 2024 a/w CWPs No.4138, 4139,4140, 5525, 5527, 13099, 13100 of 2024 & CWPs No.13098, 12614, 12615 & 12564 of 2025 Decided on: 22.07.2026 CWP No.1913 of 2024 Sh. Parkash Chand & others … Petitioners Versus State of Himachal Pradesh and others … Respondents CWP No.4138 of 2024 Sh. Kapoor Singh … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No.4139 of 2024 Sh. Saran Dass … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No.4140 of 2024 Sh. Misar Dass … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No.5525 of 2024 Sh. Dila Ram … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No.5527 of 2024 Sh. Bhrahma Nand Sharma … Petitioner 2 Versus State of Himachal Pradesh and others … Respondents CWP No.13099 of 2024 Sh. Chet Ram … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No.13100 of 2024 Sh. Puran Chand … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No.12614 of 2025 Sh. Rattan Lal … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No.12615 of 2025 Sh. Nand Lal Thakur … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No.13098 of 2025 Sh. Dayal Singh … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No.12564 of 2025 Sh. Gian Chand … Petitioner Versus State of Himachal Pradesh and others … Respondents Coram 3 Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner(s): Mr. Rakesh Kumar Dogra, Advocate, in all the petitions. For the respondents: Mr. R.P. Singh, Deputy Advocate General, for the respondents-State, in all the petitions. Mr. Rangil Singh, Advocate, for the Office of Accountant General in CWPs No.1913, 4140, 5527, 12615 and 13100 of 2024. Mr. Tara Chand Chauhan, Advocate, for the Office of Accountant General, in CWPs No.4139, 5525 and 12614 of 2025. Ms. Rekha Thakur, Advocate, for the Office of Accountant General, in CWP No.13099 of 2024. Mr. Rajesh Kosh, Advocate, for the Office of Accountant General, in CWP No.12564 of 2025. Mr. Durga Singh Kainthla, Advocate, for respondent No.7, in CWP No.1913 of 2024, for respondent No.6, in CWP No.5525 of 2024 and for respondent No.6 in CWP No.5527 of 2024. Ajay Mohan Goel, Judge (Oral) As common issues of law and fact are involved in all these petitions, the same are being disposed of vide common order. 2. For ready reference, as far as facts are concerned, the Court is referring to the proceedings in CWP No.1910 of 2024, titled Sh. Parkash Chand & others Versus State of Himachal Pradesh & others. 3. By way of CWP No.1910 of 2024, the petitioner has, inter alia, prayed for the following reliefs:- 1 Whether reporters of the local papers may be allowed to see the judgment? 4 “That the impugned orders contained in distrar Annexure P-4, P-5 and P-6 respectively passed by the respondent No. 6 may kindly be quashed & set-aside being arbitrary, illegal, discriminatory, non-est, void-ab-initio and against the GPF Rules by issuing writ of Certiorari, with a further direction to release balance sum of Rs.10,16,120/-, Rs. 11,39,310/-& Rs. 14,80,520/- in favour of the petitioner Nos. 1, 2 & 3 respectively in terms of the interim order dated 07.01.2023 (Annexure P-10) passed by this Hon'ble Court in CWP No. 130 of 2023 and justice be done; (ii) That a writ in the nature of mandamus-may kindly be issued, directing the respondents to count past service rendered by the petitioners with the respondent- Corporation for all intents & purposes in light of the judgment dated 08.05.2015 delivered by the Hon'ble High Court of H.P. in CWP No. 9214/2012 titled as Balwant Singh and others vs. State of HP & others and justice be done; (iii) To grant to the petitioner such other consequential reliefs, which the Hon'ble Court may deem just & proper in facts and circumstances of the matter;.” 4. Today, learned Deputy Advocate General has handed over instructions, which read as under:- “Kindly refer to the order dated 16.07.2026 passed by the Hon'ble High Court of Himachal Pradesh in the above- mentioned matter, wherein the Hon'ble Court has been pleased to pass the following order: Counsel "Learned for the petitioner submits this case is 5 squarely covered by the judgment passed by this Court in CWP No. 4134 of 2024, titled as Balwant Singh vs. State of H.P. and others. Learned Additional Advocate General submits that he may be granted some time to examine this aspect of the matter. As prayed for, list on 22.07.2026". In this regard, it is submitted that the Department is in the process of compiling and verifying the relevant records and information required for filing an appropriate response/compliance before the Hon'ble Court. You are, therefore, requested to kindly seek a further period of four (04) weeks from the Hon'ble High Court to enable the Department to complete the requisite exercise. The necessary details and reply shall be placed on record before the Hon'ble Court within the said period, in accordance with law.” 4. Learned Deputy Advocate General submits that necessary data is being compiled by the Department to ascertain as to whether the cases of the petitioners are similar to the one, upon which the petitioners are relying or not. 5. A perusal of the judgment passed by this Court in CWP No.4134 of 2024, titled Balwant Singh Versus State of H.P. and others, demonstrates that the said case was not decided on merit, but it was decided in the backdrop of the response filed to the petition by the respondents. 6. Therefore, in this backdrop, as obviously the 6 Department will have to ascertain as to whether the petitioners are similarly situated as Balwant Singh in CWP No.4134 of 2024 or not, these petitions are disposed of by directing that needful to ascertain as to whether the petitioners are similarly situated as Balwant Singh in CWP No.4134 of 2024 or not be done within a period of four weeks from today and in case the petitioners are similarly situated as Balwant Singh, then benefits in terms of what has been granted to him by the Department be also conferred upon the petitioners expeditiously and not later than 30.09.2026. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge July 22, 2026 (Rishi)