VIJAY KUMAR AND OTHERS v. THE STATE OF HP AND OTHERS
/13019/2025 · 2026-02-24
Ajay Mohan Goel
body2025
DailyLaw.ai
[ 2025 DAILYLAW 1399 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1399 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 13019 of 2025
Decided on: 24.02.2026 Vijay Kumar and others
… Petitioners
Versus
State of Himachal Pradesh and others
… Respondents
Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 _____________________________________________________ For the petitioners : Mr. Rajiv Rai, Advocate. For the respondents : Mr. R.P. Singh, Deputy Advocate
General for respondent-State. : Mr. Vikrant Thakur, Advocate for
respondent No. 2. Ajay Mohan Goel, Judge (Oral)
By way of this writ petition, the petitioners have approached the Court, inter alia praying for the following reliefs:-
“A. That the Hon'ble Court may kindly be pleased to issue a Writ of Mandamus to the respondent no.2 to convene the Review DPC for filling up the vacant post of BDO accrued in the year 2023 and 2024 against the 2.5% quota reserved for the feeder post of "Extension officer (Co-Operation)" as mentioned in the R& P Rule for the post of Block Development officer, from the post of Inspectors (Co-Operative in terms of earlier Administrative Practice and Historical precedent as it is admitted case of the respondents that the administrative
1 Whether reporters of the local papers may be allowed to see the judgment? 2
practices from very inception had been to fill up the 2.5% seats of BDO from the post of Inspectors (Co-Operative) only. B. That the Hon'ble Court may kindly be pleased to quash the communication dated 23.07.2025 vide Annexure P/24 to the extent of denying any future promotion to the post of BDO till necessary amendment is made in the R& P Rule by replacing the nomenclature of post "Extension Officer" with ie "Inspector (Co-Operative).”
2. When this case was taken up for consideration today, learned Deputy Advocate General has handed over to the Court instructions dated 23.02.2026 received from the Additional Director Rural Development, relevant portion whereof reads as under:-
“Kindly refer to the aforementioned subject matter. The said case was listed before the Hon'ble High Court on
05.01.2026. The case is now listed on 24.02.2026. i) The matter was taken up with the Administrative Department and the same was forwarded to the Law Department, whereby, the Law Department vide dated 03.01.2026 advised that the detailed position has already been conveyed to Ld. Advocate General vide Instruction dated 05.12.2025 and accordingly, the matter be taken up with Ld. Advocate General.
ii) Pursuant to same, the matter was taken up with Ld. Advocate General, who advised that Department may convey
3
the proposal to the H.P. Public Service Commission to consider eligible Inspector, Cooperative Society (Corporation) under 2.5% quota to the post of per past Block Development Officer as practices till the amendment in Rules. Accordingly, vide letter dated 20.02.2026 (Annexure R- I), Registrar, H.P. State Cooperative Societies. Shimla has been requested to send fresh proposal regarding holding DPC for promotion of Inspector Cooperative to the post of Block Development Officer on regular basis, keeping in view, the existing vacancies i.e. 3 in numbers of BDO's in the concerned feeder category due to VRS/superannuation. Hence, your good self is requested to kindly apprise the Hon'ble High Court on 24.02.2026, when the case is listed.”
3. In light of said instructions, without any observation on the merit of the writ petition, this petition is closed with the observation that in case the Authority intends to proceed with the matter in terms of the contents of instructions dated 23.02.2026, then needful be done as expeditious as possible and preferably within a period of two months from today. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel)
Judge February 24, 2026 (narender)