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2025 DAILYLAW 14355 (HP)

SHAM SINGH AND OTHERS v. THE STATE OF HP AND OTHERS

CWP/7922/2025 · 2025-05-16

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7920 of 2025 alongwith connected matters Decided on: 16th May, 2025 ------------------------------------------------------------------------------------- 1. CWP No.7920 of 2025 Naresh Kumar and others …..Petitioners Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- 2. CWP No.7922 of 2025 Sham Singh and others …..Petitioners Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- 3. CWP No.7924 of 2025 Ashok Kumar …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- 4. CWP No.7934 of 2025 Harish Kumar and others …..Petitioners Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 For the Petitioners: Mr. M.A. Safee, Mr. Pranav Kaushal and Mr. Sameer Miyan, Advocates. For the Respondents: Mr. Y.P.S. Dhaulta, Additional Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Mr. Y.P.S. Dhaulta, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents. 2. These writ petitions have been filed for the grant of almost identical reliefs. The substantive reliefs in CWP No.7920 of 2025 read as under:- “i) That a writ in the nature of Mandamus may kindly be issued directing the Respondents to extend the benefit of Himachal Pradesh Civil Services (Revised pay) Rules, 2022 after taking into account the services rendered by them on contract basis as having been appointed prior to 03.01.2022, in terms of Rule 7A, as incorporated vide Notification dated 06.09.2022, and they be granted the Higher Stage of Pay i.e. 30500/- from the date they have completed two years of regular service, as has been held by the Hon’ble High Court in Mohit Sharma (Supra). ii) That the respondents be also directed to release the arrears of pay after fixing their pay @ Rs.30500/- w.e.f. the date they had completed two years of regular service along with interest @ 9% p.a.” 3. Learned counsel for the petitioners submitted that the reliefs prayed for by the petitioners and the issues raised by them in the writ petitions are squarely covered in terms of the decision rendered in Mohit Sharma & Anr. 3 Versus State of H.P. & Ors.2. Learned counsel further submits that the petitioners would be content in case they are permitted to prefer a comprehensive representation(s) to the respondents/competent authority within a period of two weeks and thereafter the competent authority be directed to decide the said representation(s) within a time bound schedule. Learned Additional Advocate General is not averse to this prayer. 4. Having regard to the afore-submissions, but without examining the merits of the matters, these writ petitions are disposed of by permitting the petitioners to file a comprehensive representation(s) to the respondents/ competent authority within a period of two weeks from today. In case such a representation(s) is received by the respondents/competent authority within the aforesaid period, the same shall be considered and decided in accordance with law as well as taking into consideration the above judgment in the case of Mohit Sharma2 within a period of six weeks from today. The decision so arrived at shall also be communicated to the petitioners. 2 CWP No.1638 of 2024, decided on 29.11.2024 4 The writ petitions stand disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua May 16, 2025 Judge Mukesh