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2024 DAILYLAW 702 (HP)

VINOD KUMAR AND OTHERS v. STATE OF HP AND ANOTHER

EX.P./1358/2024 · 2026-06-16

Ajay Mohan Goel

body2024

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Ex. Petition No.1358 of 2024 Decided on 16th June 2026 Vinod Kumar and others …Petitioners Versus State of Himachal Pradesh and another …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. Vikas Rajput, Advocate. For the respondents: Mr. Pushpinder Jaswal, Additional Advocate General. Ajay Mohan Goel, Judge (Oral) Today learned Additional Advocate General has produced a copy of the order that was passed by the Authority in the case of the petitioner in compliance to the judgment passed in the earlier case of the petitioner. This order is dated 06.03.2025. 2. Perusal thereof demonstrates that the representation of the petitioner was rejected by placing reliance on the Himachal Pradesh Recruitment and Conditions of Service Bill, 2024. Learned counsel for the petitioner submits that in the light of the fact that after this Bill became an Act and its vires were assailed before this Court as now the Hon’ble Division Bench of this Court has been pleased to hold the Act to be ultra vires, the impugned order deserves to be quashed and set aside. 2 3. On the other hand, learned Additional Advocate General submits that the petition be disposed of by giving an opportunity to the Authority to take a fresh call on the representation of the petitioner. 4. Having heard learned counsel for the parties and having perused the order passed by the Authority dated 06.03.2025, which is taken on record, this Court is of the considered view that as the foundation of the order passed by the Authority was the Himachal Pradesh Recruitment and Conditions of Service Bill, 2024, which Bill after becoming an Act stands struck down by the Hon’ble Division Bench of this Court, these proceedings are disposed of by permitting the Authority to withdraw order dated 06.03.2025, with liberty to pass a fresh order on the representation of the petitioner within a period of six weeks from today. (Ajay Mohan Goel) Judge June 16, 2025 (Vinod)