JASHWANT KUMAR DOGRA AND ANR v. STATE OF HP AND ORS
CWP/7847/2025 · 2025-05-13
Sandeep Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14071 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14071 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7847 of 2025 Date of Decision: 13.05.2025 _____________________________________________________________________ Jaswant Kumar Dogra & Anr. ……...Petitioners Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioners: Mr. Naresh K. Sharma, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General, for respondents-State. Mr. Tara Chand Chauhan, Advocate, for respondent No. 4. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant petition, petitioners have prayed for the following main reliefs:
“(i) That a writ in the nature of certiorari may very kindly be issued and the clause C (iii) of the instructions dated 23.6.2000 (Annexure P-3), 'all the placements in the higher scales shall be given effect from 1st day of January of the year next to the year in which an employee completes required span for placement in the higher scale' may kindly be declared ultra virus and may kindly be further quashed and set aside. (ii) That the writ in the nature of mandamus or any other directions may kindly be issued, to the respondents to grant the 4-tier Pay Structure (Pay Scales) benefits on completion of 14 years of regular service in the cadre of HPFS from due date i.e.,
23.02.2017 with all consequential benefits as merged out of it with relation to gratuity, pension, encashment and the revised pension based upon the scale as is granted to the petitioner after completion of 14 years. (iii) That Writ in the nature of mandamus or any other appropriate writ order or directions may be issued to directing the Respondents to also pay the consequential arrears along with interest @9% per annum.”
2. Before reply, if any, from the respondents could be received, learned counsel representing the petitioner, while inviting attention of this Court to judgment passed by Coordinate Bench this Court in CWP No. 4903 of 2010 titled Chaman Singh Vs. State of Himachal Pradesh & Anr., states that issue raised in the instant proceedings already stands adjudicated by Coordinate Bench this Court in Chaman Singh (supra) and as such, petitioner would be content and satisfied in case directions are issued to the respondents to consider the representation of the petitioner in light of aforesaid judgment in a time bound manner.
3. While putting in appearance on behalf of respondents, Mr. B.C.Verma, learned Additional Advocate General, states that he is not averse to aforesaid innocuous prayer made on behalf of the petitioner and representation, if any, filed by the petitioner shall be considered and decided expeditiously. 4. Consequently, in view of the above, this Court, without going into the merits of the case, deems it fit to dispose of the present 2
petition with a direction to the respondents to consider and decide the representation of the petitioner (Annexure P-7) in light of Chaman Singh (supra), expeditiously, preferably within a period of four weeks. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of being heard to the petitioner and pass appropriate orders thereafter. Pending applications, if any, stand disposed of. May 13, 2025 (Sandeep Sharma), (sunil)
Judge 3