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2025 DAILYLAW 10872 (HP)

DESH RAJ v. THE STATE OF HP AND OTHERS

EX.P./264/2025 · 2025-08-13

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Ex. Pet No.264 of 2025 Decided on: 13.08.2025 _________________________________________________________________ Desh Raj ....Petitioner Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Jai Dev Thakur, Advocate. For the respondents: Mr. Y.P.S. Dhaulta, Additional Advocate General. Jyotsna Rewal Dua, Judge Learned Additional Advocate General has handed over a demand draft in the sum of Rs.5000/- , drawn in the name of the petitioner, to his learned counsel. 2. Learned Additional Advocate General has placed on record a copy of office instructions dated 13.08.2025 from the Additional Director AAYUSH, Himachal Pradesh. Alongwith the office instructions, an order passed by the Director AAYUSH, Himachal Pradesh on 12.08.2025 has also been appended. 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes - 2 - 3. Learned counsel for the petitioner has strong reservations to the consideration order, which observes that work charge service is not countable for pensionary benefits. Learned counsel submits that these observations are in breach of settled legal position. There appears to be some justification in what learned counsel for the petiotner is submitting, however, this aspect cannot be gone into in the execution petition. 4. Accordingly this execution petition to stand disposed of with liberty to the petitioner seek appropriate remedy for redressal of his surviving grievances including against the consideration order passed by the Director AAYUSH, Himachal Pradesh, in accordance with law. It shall be open for the Director AAYUSH, Himachal Pradesh to re-consider the matter afresh. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua Judge August 13, 2025 R.Atal