RAKESH KAUNDAL AND OTHERS v. THE STATE OF HP AND ANOTHER
CWP/5772/2025 · 2025-04-10
Jyotsna Rewal Dua
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10407 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10407 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.5772 of 2025 alongwith
connected matters
Decided on: 10th April, 2025 -------------------------------------------------------------------------------------
1. CWP No.5772 of 2025 Rakesh Kaundal and others
…..Petitioners
Versus
State of H.P. and another
.....Respondents -------------------------------------------------------------------------------------
2. CWP No.5776 of 2025 Ankush Rana
…..Petitioner
Versus
State of H.P. and others
.....Respondents -------------------------------------------------------------------------------------
3. CWP No.5778 of 2025 Manmohan and another
…..Petitioners
Versus
State of H.P. and others
.....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr. Ravneet Katoch, Advocate vice
Mr. Desh Raj Thakur, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. L.N. Sharma, Additional Advocates General. ------------------------------------------------------------------------------------
1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 Jyotsna Rewal Dua, Judge
Notice. Mr. L.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents. 2. These writ petitions have been filed for the grant of almost identical reliefs. The substantive reliefs in CWP No.5772 of 2025 read as under:-
“a. Appropriate writ or direction to the respondents to regularize the services of the petitioners with effect from 01.10.2021 in terms of the policy decision dated 28.12.2021 (Annexure P-3). b. Appropriate writ or direction to the respondents to fix the pay of the petitioners at higher pay stage at Rupees 37,600/- from the date of completion of 2 years regular service in terms of notification dated 06.09.2022 with the further direction to release the arrears of salary with all consequential benefits along with interest @ 9% per annum on delayed payment.”
3. Learned vice counsel appearing for the petitioners submitted that the reliefs prayed for by the petitioners and the issues raised by them in the writ petitions are squarely covered in terms of the recent decision rendered in Mohit Sharma & Anr. Versus State of H.P. & Ors.2. Learned vice counsel further submits that the petitioners would be content in case the respondents are directed to examine their respective cases in light of the
2 CWP No.1638 of 2024, decided on 29.11.2024
3 aforesaid judgment within a fixed time schedule. Learned Additional Advocate General is not averse to this prayer. 4.
Having regard to the afore-submissions, but without examining the merits of the matters, these writ petitions are disposed of with a direction to the respondents/competent authority to consider and decide the respective cases of the petitioners in accordance with law as well as taking into consideration the above judgment in the case of Mohit Sharma2 by passing appropriate orders, within a period of six weeks from today. The decision so arrived at shall also be communicated to the petitioners. The writ petitions stand disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua April 10, 2025
Judge Mukesh