SHIVANI PARIHAR AND OTHERS v. STATE OF HP AND OTHERS
CWP/6940/2024 · 2025-01-04
Jyotsna Rewal Dua
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14451 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14451 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.6940 of 2024
Decided on: 4th January 2025 _________________________________________________________________ Shivani Parihar & Ors
....Petitioners
Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram
Ms. Justice Jyotsna Rewal Dua
1 Whether approved for reporting? _________________________________________________________________ For the petitioners: Mr. Amit Singh Chandel, Advocate. For the respondents: Mr. Sikandar Bhushan, Deputy Advocate General. ________________________________________________________________ Jyotsna Rewal Dua, Judge
Even though, the respondents have not filed the reply, however, with the consent of learned counsel for the parties, matter is heard at this stage. 2. This petition has been filed for grant of following reliefs: -
“a) That respondents may be directed to grant benefit of higher pay scale to petitioners, in terms of Himachal Pradesh Civil Services (Revised Pay) Rules,2022 dated 3.1.2022 as annexure P-3 as well as in terms of amendment of Himachal Pradesh Civil Services
1 Whether reporters of Local Papers may be allowed to see the judgment? - 2 - (Revised Pay) Rules ,2022 dated 6.9.2022 by considering petitioners appointed prior to 3.1.2022, notwithstanding date of issuance of orders of regularization and by considering that on completion of two year regular service as per R & P Rules dated 22/9/2017 as annexure P-1 higher pay scale is admissible to petitioners, in the interest of justice and fair play; b) That respondents may directed considered the petitioner in position in terms of notification dated 23.6.2022 as annexure P-5 and corrigendum dated 25.6.2022 as annexure P-6 and higher scale pay may granted to the petitioners in the interest of justice and fair play. c) That respondent may be directed to consider petitioners appointed from the initial date of appointment of petitioners on contract basis for the purpose of seniority, final increment and all consequential benefits including higher pay scale arising therefrom, in terms of law laid by this Hon'ble Court in CWP No. 2004/2017 titled as Taj Mohammad V State of HP in the interest of justice and fair play.”
3. Learned counsel for the petitioners submitted that the issue involved and the reliefs prayed for by the petitioners have already been adjudicated Mohit Sharma and Anr. Vs. State of H.P. and others2. Learned counsel for the petitioners states that the petitioners would be content if the case of the petitioners is considered by the respondents in
2 CWP No. 1638 of 2024, decided on 29.11.2024.
- 3 - light of the aforesaid judgment within a time bound schedule. Learned Deputy Advocate General has no objection to this prayer. 4. Having regard to above submissions but without examining the merits of the matter, this petition is disposed of by directing the respondents to consider the case of the petitioners in light of the aforesaid judgment and pass appropriate orders in accordance with law within a period of six weeks from the date of receipt of copy of this order. The decision so arrived at, shall be communicated to the petitioners. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua
Judge January 4, 2025 R.Atal