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High Court of Himachal Pradesh · body

2014 DAILYLAW 2109 (HP)

SHILA DEVI v. STATE OF HP

CWP/2738/2014 · 2026-07-18

Ajay Mohan Goel

Civil Appealbody2014

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.2738 of 2014 Decided on 18th July 2026 Shilpa Devi …Petitioner Versus State of Himachal Pradesh and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. Naveen K. Bhardwaj, Advocate. For the respondents: Mr. Pushpinder Jaswal, Additional Advocate General, for respondents No.1 to 3. Ms. Rajni Gandhi, Advocate, for respondent No.4. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:- “i) To quash the appointment of respondent No.4 to the post of Part Time Water Carrier at GPS Ghalingeha. ii) The respondent may kindly be directed to give the joining letter to the petitioner as per Annexure P-3, to the post of Part Time Water Carrier at GPS Ghalingeha.” 2. Learned counsel for the petitioner submits that the appointment against the post of Water Carrier in the present case was as per Clause-12 of the policy. 2 3. Learned Additional Advocate General submits that Clause-12 of the said policy was held to be ultra vires by this Court in CWP No.7498 of 2014, titled Mangla Devi versus State of Himachal Pradesh and others, which judgment was upheld by the Hon’ble Supreme Court of India also in Civil Appeal No.897 of 2017, titled State of Himachal Pradesh and others versus Mangla Devi and others. 4. In the light of this fact, as the appointment under challenge was made under Clause-12 of the policy which has been held to be unconstitutional, no relief as prayed for to the petitioner can be granted as the petition is dismissed in the light of the law declared by the Hon’ble Division Bench of this Court in Mangla Devi versus State of Himachal Pradesh and others (supra) as upheld by the Hon’ble Supreme Court of India. 5. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge July 18, 2026 (Vinod)