Rajeev Bandral and Ors. vs. State of H.P. and another. CWP No. 11468 of 2024. 18.08.2026 Present: Mr. R.K. Gautam, Senior Advocate with Mr. Jai Ram Sharma, Advocate, for the petitioners. Mr. Pushpinder Jaswal, Additional Advocate General, for the respondents-State. Engineer-in-Chief, HPPWD is present in Court in compliance to the last order. Learned Additional Advocate General submits that the order passed by the authority was appended with instructions dated 11.082026, which gave the impression that the order has been recently passed, but the order in compliance to the judgment passed by the court was passed on 31.07.2025. In light of the fact that the order that has been passed by the Engineer-in-Chief, HPPWD was passed when the Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024, had not been held to be ultra vires by the Hon’ble Division Bench of this Court and in light of the explanation given by the by Engineer-in-Chief, HPPWD, this court recalls its order dated 12th August, 2026. Learned Senior Counsel for the petitioners, at this stage, submits that in light of the fact that the order passed by the Engineer-in-Chief was so passed on the basis of the Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024, which Act has been held to be ultra vires by the Hon’ble Division Bench of this Court, which judgment of the Hon’ble Division Bench has been upheld by the Hon’ble Supreme Court of India in SLP(C) No. 24825 of 2026, titled as State of H.P. & Anr. vs. Devinder Kumar & Ors, decided on 29.07.2026, the same now is not sustainable in the eyes of law. Learned Additional Advocate General submits that the Authority be permitted to withdraw this order with liberty to pass a fresh order in terms of the judgment passed by the Hon’ble Supreme Court of India in Devinder Kumar’s case (supra). Order dated 31.07.2025 is allowed to be withdrawn and Engineer-in-Chief, HPPWD is given 12 weeks' time to take a fresh call in the matter in light of the judgment passed by this Court in the case of the petitioner and in terms of the judgment passed by the Hon’ble Supreme Court of India in Devinder Kumar’s case (supra). (Ajay Mohan Goel) Judge 18th August, 2026. (Jai)