Extracted from the PDF above. The PDF is authoritative.
Jia Lal Kamal Vs. State of Himachal Pradesh & others a/w connected matters. LPA No.58 of 2025 a/w LPA No.387 of 2024, CMP(M) Nos.546 & 547 of 2025, CWP Nos.3057, 4385, 5001 of 2020 and CWP Nos.6304, 6842 of
2021. Item No. (D-33)
LPA No.58 of 2025. 16.09.2025 Present: Mr. Mohit Thakur, Advocate, for the appellant. Mr. Rakesh Dhaulta, Additional Advocate General with Mr. Sidharth Jalta, Deputy Advocate General, for the respondents-State. LPA No.387 of 2024. Mr. Surender Saklani, Advocate, for the appellant. Mr. Rakesh Dhaulta, Additional Advocate General with Mr. Sidharth Jalta, Deputy Advocate General, for the respondent Nos.1, 2 & 4-State. Ms. Ruchika Khachi, Advocate, for respondent No.3. CMP(M) Nos.546 & 547 of 2025. Mr. Ajay Vaidya, Advocate, for the applicants- appellants, in both the petitions. Mr. Rakesh Dhaulta, Additional Advocate General with Mr. Sidharth Jalta, Deputy Advocate General, for the respondents-State in both the petitions. CWP Nos.3057, 4385, 5001 of 2020 & CWP Nos.6304, 6842 of 2021. Ms. Archana Dutta, Advocate, for the petitioners, in all the petitions. Mr. Rakesh Dhaulta, Additional Advocate General with Mr. Sidharth Jalta, Deputy Advocate General, for the respondents-State, in all the petitions. Mr. Naveen Kumar Bhardwaj, Advocate, for the private respondents, in all the petitions. CMP(M) Nos.546 & 547 of 2025. The instant applications have been filed for condonation of delay of 219 days against the judgments dated 03.09.2024, passed by the learned Single Judge in CWP No.361 of 2024 titled Sanjay Sehgal Vs. State of Himachal Pradesh and another and CWP No.773 of 2024 titled Narinder Singh Thakur Vs. State of Himachal Pradesh and another. 2. The learned Single Judge had followed the view, which is a subject matter of challenge in LPA No.387 of 2024 titled Renu Pathania Vs. State of H.P. and others decided on 24.08.2024, whereby it has been observed that the benefit of the service rendered in the transferee Department, prior to the date of absorption for the purposes of seniority cannot be given. 3. In similar circumstances, another learned Single Judge had also dismissed on 04.10.2024 the writ petition filed by the employee being LPA No.58 of 2025 titled Jia Lal Kamal Vs. State of Himachal Pradesh & Another. 4.
The Civil Writ Petition Nos.3057, 4385, 5001 of 2020, 6304 and 6842 of 2021 also seek the similar relief and the matter has been referred to the larger Bench vide order dated on 17.07.2025 passed in the said writ petitions. 5. Resultantly, we are of the considered opinion that the sufficient cause has been made out to condone the delay and the matter has to be decided on the basic principle and on the basis of the same law has to be laid
down on this aspect. 6. Accordingly, the applications are allowed and delay in filing the appeals are condoned. 7. LPA Nos.669 and 670 of 2025. 8. Issue notice. Mr. Sidharth Jalta, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents-State, in both the appeals. 9. It is also brought to our notice that on 17.07.2025, the learned Single Judge has also decided CWP No.1061 of 2021 titled Shishu Pal Vs. State of H.P. & others and CWP No.1062 of 2021 titled Subhash Chand Rana Vs. State of H.P. & others by granting the pensionary benefits, by taking into account the services rendered with H.P. Agro Industrial Packaging India Ltd.
10. Counsel for the respondents-State prays for time also to check up whether any LPA has been preferred against the said judgment? 11. To come up for consideration on 04.11.2025. (G.S. Sandhawalia)
Chief Justice (Ranjan Sharma) Judge 16th September, 2025
(munish thakur)