Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.8470 of 2025
Decided on: 9th July, 2025 ------------------------------------------------------------------------------------- Prakash Chand
…..Petitioner
Versus
HPSEBL and others
.....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Ms. Anu Tuli Azta, Advocate. For the Respondents: Mr. Anil Kumar, Advocate, for respondent No.1. Mr. Anup Rattan, Advocate General with Mr. Sikander Bhushan, Deputy Advocate General, for respondents No.2 and 3. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge
Gist of petitioner’s grievance was noticed in the following order passed in the matter on 03.06.2025:-
“Notice. Mr. Anil Kumar, learned Standing Counsel and Mr. L.N. Sharma, learned Additional Advocate General, appear and waive service of notice on behalf of respondent No.1 and respondents No.2 & 3, respectively. 2. Petitioner seeks review of date of regularization of his services. Respondent No.1 has regularized the service of the petitioner by taking the cut-off date as ‘31.03.2018’. Petitioner’s grievance is that on account of there being holidays on 30.09.2017, 01.10.2017 and
1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2
02.10.2017, he could join the service only on 03.10.2017, hence, he is required to be given the benefit of these three days. His services are accordingly required to be regularized by taking the cut-off date as ‘30.09.2017’, whereas, presently the respondents have regularized his services on 31.03.2021. Respondents have rejected the representation of the petitioner vide office order dated 12.03.2025. 3. Prima facie, it appears that in case there were holidays on 30.09.2017, 01.10.2017 and 02.10.2017, there is substance in the case of the petitioner that his services are required to be regularized by taking the cut- off date as ‘30.09.2017’, corresponding to ‘30.09.2020’. 4. Let learned counsel for the respondents to have instructions in the matter. List on 23.06.2025.”
2. Hearing in this matter held on 25.06.2025 was also attended by Sh. Pardeep Kumar, Under Secretary (NGE) of respondent No.1-Board, when following order was passed:-
“Sh. Pardeep Kumar, Under Secretary (NGE) of respondent No.1-Board is present in person. The Officer has assured that needful for redressing the grievance of the petitioner shall be carried out by passing appropriate orders after looking into the writ petition and the documents appended therewith. At his request, list on 09.07.2025.”
3.
During the course of hearing today, learned counsel for respondent No.1 has placed on record office instructions dated 08.07.2025 from the Under Secretary (NGE) of the respondent-Board, communicating respondent No.1’s decision that “the petitioner would be treated to have completed three years service on 30.9.2020. The date of
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regularization of the Petitioner shall be considered accordingly and the petitioner would be entitled to seniority and fixation of pay on notional basis with financial benefits prospectively.”
4. Learned counsel for the petitioner submits that the above decision of respondent No.1 in reckoning completion of three years of service by the petitioner by 30.09.2020; regularizing his services accordingly; and also conferring upon him seniority & fixation of pay on notional basis with financial benefits prospectively, redresses the grievance of the petitioner raised in this writ petition. 5. Taking note of the stand of the respondents as placed on record in terms of office instructions dated 08.07.2025, this writ petition is disposed of with direction to the respondent No.1/competent authority to issue necessary appropriate orders in light of the aforesaid instructions within a period of two weeks, i.e. by
25.07.2025. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua July 09, 2025
Judge Mukesh