2025:HHC:17162 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 6072 of 2024 Date of decision: 30.05.2025 Sanjay Sharma …Petitioner Versus State of H. P. & Anr. …Respondents Coram The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge. The Hon’ble Mr. Justice Sushil Kukreja, Judge. Whether approved for reporting? For the Petitioner: Mr. Ashok Sharma, Sr. Advocate with Mr. Sahil Malhotra, Advocate. For the Respondents: Mr. Anup Rattan, A.G. with Mr. Ramakant Sharma, Ms. Sharmila Patial, Addl. A.Gs., Mr. J. S. Guleria and Mr. Raj Negi, Dy. A.Gs. Tarlok Singh Chauhan, Judge (Oral) The instant petition has been filed for grant of the following substantive reliefs:- “(i) That conditions (II), (III), (IV) & (V) mentioned in Annexure P-2 may kindly be declared as illegal and unconstitutional. (ii) That respondents may kindly be directed to treat petitioner as Himachal Pradesh Administrative Services officer from the date as per notification Annexure P-2 alongwith all consequential benefits acquiring in his favour.” 2. Conditions No. (II), (III), (IV) & (V), of the impugned notification dated 02.11.2023 read as under:- 2 2025:HHC:17162 “(ii) The officer shall have to pass the prescribed departmental examinations, in full, within two years from the date(s) of his regular appointment to the service and in case the officer falls so to pass the departmental examination, his name shall be removed from the service. (iii) The officer shall have to undergo the prescribed professional/settlement/revenue training in HPAS. (iv) Only after passing of departmental examination /completion of the prescribed compulsory training, as prescribed under the HPAS Rules, 1973, the officer shall be qualified for his substantive appointment in the service. (v) The benefits of four tier pay scale(s) will only be given/released to the officer, after passing of departmental examination, and completion of professional/ settlement/ revenue training and also as per instructions of the Finance Department, issued from time to time.” 3. It needs to be noticed that earlier to the instant petition, the petitioner herein had filed CWP No. 1219 of 2021, which was decided by the learned Single Judge of this Court vide judgment dated 04.03.2023 and it shall be apt to reproduce para-12 of the judgment, which reads as under:- “12. Therefore, in view of the above discussion, this writ petition is allowed and a mandamus is issued to the respondents to constitute a Departmental Promotion Committee within a period of six weeks from today and consider the case of the petitioner for induction into Himachal Pradesh Administrative Service as from the year when person junior to him in the Department was inducted into Himachal Pradesh Administrative Service. It is made clear that in case the petitioner is otherwise found eligible for induction, then he will be granted seniority above the 3 2025:HHC:17162 person immediate junior to him in the Department in Himachal Pradesh Administrative Service. The petitioner shall be entitled to all the benefits including seniority etc. as from the date of his induction, but monitory benefits shall be notional as till the date of pronouncement of the judgment and thereafter actual benefits shall be granted.” 4. It would be noticed that in terms of the aforesaid judgment, it was made clear that, in case, petitioner was otherwise found eligible for induction, then he would be granted seniority above the person immediate junior to him in the Department in Himachal Pradesh Administrative Service. It was further directed that the petitioner shall be entitled to all the benefits including seniority etc., as from the date of his induction, but the monetary benefits shall be notional as till the date of pronouncement of the judgment and it is only thereafter the actual benefits shall be granted to the petitioner. 5. The matter was heard in part on 01.05.2025 and thereafter ordered to be listed on 08.05.2025. However, on 08.05.2025, the case was adjourned to 15.05.2025, when the learned Additional Advocate General placed on record communication dated 07.05.2025, the relevant portion whereof reads as under:- “WHEREAS, Shri Sanjay Sharma, the then Additional Director, Industries, Himachal Pradesh, Shimla, had preferred a CWP No. 1219/2021 titled as Sanjay Sharma Vs. State of HP & others, with the prayer that his case for 4 2025:HHC:17162 induction into HPAS may be considered in terms of the judgements passed by the Hon'ble High Court given in CWP (T) No. 12130/2008 and CWP (T) No/12131/2008, by reviewing the DPC proceedings of 2005: WHEREAS, the Hon'ble High Court had delievered the judgement in the said case on 04/03/2005 and operative part of the same is as under:- "That this writ petition is allowed and a mandamus is issued to the respondents to constitute a Departmental Promotion Committee within a period of six weeks from today and consider the case of the petitioner for Induction into Himachal Pradesh Administrative Service as from the year when person junior to him in the Department was inducted into Himachal Pradesh Administrative Service. It is made clear that in case the petitioner is otherwise found eligible for Induction, then he will be granted seniority above the person immediate junior to him in the Department in Himachal Pradesh Administrative Service. The petitioner shall be entitled to all the benefits including seniority etc. as from the date of his induction. But monetary benefits shall be notional as till the date of pronouncement of the judgment and thereafter actual benefits shall be granted. The petition stands disposed of, so also the pending miscellaneous applications, if any". WHEREAS, after obtaining necessary particulars/ documents in respect of Shri Sanjay Sharma, the then Additional Director, Industries, Himachal Pradesh from the Administrative Department i.e. Industries Department, the proposal was placed before the H.P. Public Service Commission for consideration of the promotion/induction of the said officer to HPAS, in compliance to the above judgment of the Hon'ble High Court of H.P. The Review Departmental Promotion Committee was held in the H.P. Public Service Commission on 05/08/2023 and recommended the name of Shri Sanjay Sharma, Additional Director, Industries, Himachal Pradesh for promotion to 5 2025:HHC:17162 HPAS from the year in which his junior stand promoted to HPAS against the vacancies in HPAS by creating a supernumerary post so that the service of the officer against whom he will be considered for appointment in HPAS, will not be disturbed, till availability of regular vacancy for him; WHEREAS, Shri Sanjay Sharma, the then Additional Director, Industries. Himachal Pradesh, was appointed/inducted into HPAS vide Notification No. Per(A- IV)-B(2)-4/2002-11, dated 02/11/2023, w.e.f. 14th September, 2005, on notional basis and on regular basis w.e.f. joining in HPAS, but instead of joining in the H.P. Administrative Service he represented against the terms & conditions mentioned in his appointment letter dated 02/11/2023 and sought exemption from passing the prescribed Departmental Examination and compulsory Training; WHEREAS, the matter was taken up with the Law Department, who observed as under:- “…...under Rule 27 of the HPAS Rules, 1973, the Government is vested with the power to relax the rules in consultation with the H.P. Public Service Commission, where it is necessary or expedient so to do. In view of the peculiar facts of the case, it appears to be a genuine case to Invoke the said power. Therefore, the AD is advised to take a conscious decision accordingly"; WHEREAS, upon receipt of the advice from Law Department, the matter was taken up with all the advisory departments, i.e. Personnel(A-II), Finance (Regulation)/H.P. Public Service Commission and thereafter the matter regarding granting of relaxation under Rule-19(1) & 20 of the HPAS Rules, 1973 was placed below the Council of Ministers for consideration in its meeting held on 18/06/2024 and the same was "Not 6 2025:HHC:17162 Approved". Accordingly, the decision of the Government was conveyed to Shri Sanjay Sharma, Additional Director, Industries, H.P., Shimla on 28th June, 2024; WHEREAS, aggrieved with the decision of the Government, Shri Sanjay Sharma filed another CWP No. 6072/2024-titled as Sanjay Sharma Vs. State of H.P. & Ors. in the Hon'ble High Court of Himachal Pradesh. The said case was listed before the Hon'ble Court on 1 May, 2025 and the record pertaining to this case was summoned by the Hon'ble Court. WHEREAS, the Ld. Addl. Advocate General, H.P. vide letter dated 05.05.2025 informed that while hearing the matter on 01.05.2025, the Hon'ble Court orally observed that the Condition No. 2 to 5 in Annexure P-2 seems to be contrary to the various provisions of the Rules. The Hon'ble Court further orally observed that needful be done on or before the next date of hearing, falling which this Hon'ble Court has no option to pass the judgement on the basis of material on record in accordance with Law; AND WHEREAS, relaxation regarding passing of compulsory departmental examination and undergoing compulsory professional training as provided under Rule 19(1) & 20 of the HPAS Rules, 1973, can only be given by the Council of Ministers, hence the said matter was placed before the Council of Ministers in its meetings held on 5th May, 2025 and 6th May, 2025 and after detailed deliberations the same was "Approved": NOW THEREFORE, the Governor, Himachal Pradesh, is pleased to omit the condition numbers (ii), (iii), (iv) & (v) from the Notification No. Per(A-IV)-B(2)-4/2002-11 dated 2nd November, 2023, vide which Shri Sanjay Sharma was 7 2025:HHC:17162 appointed to H.P. Administrative Service. Now, Shri Sanjay Sharma is deemed to be appointed to H.P. Administrative Service with effect from 14th September, 2005, on notional basis and on regular/actual basis with effect from 2nd November, 2023 in the H.P. Administrative Service under the Department of Personnel.” 6. When the case thereafter came up for consideration before the Court, various instructions from time to time were placed before the Court, we had, however, repeatedly expressed our reservations to such instructions as they were not in tune with the judgment passed by the learned Single Judge (supra). 7. However, today the learned Additional Advocate General has placed on record copy of order dated 27.05.2025, relevant portion whereof reads as under:- “In partial modification to this Department's order of even number dated 07.05.2025, the Governor, Himachal Pradesh, is pleased to appoint/induct Shri Sanjay Sharma in H.P. Administrative Service with effect from 14th September, 2005, on notional basis and with effect from 5th March, 2023, on regular basis, (i.e. the date after pronouncement of judgement dated 04.03.2023 delivered in CWP No. 1219/2021 titled as Sanjay Sharma Vs. State of HP & others by the Hon'ble High Court of H.P.). Shri Sanjay Sharma shall be placed in the seniority list of H.P. Administrative Service above Dr. (Mrs.) Tanuja Joshi, HPAS (Retd.), who was immediate junior to him in the Department." 8 2025:HHC:17162 8. Having perused the order, we are of the considered view that the respondents have now complied with the judgment passed by the learned Single Judge firstly by granting the petitioner seniority above the person immediate junior to him in the Department of Himachal Pradesh Administrative Service. 9. In addition thereto, the conditions No. (II) to (V) have already been earlier withdrawn vide instructions dated 07.05.2025. 10. Now, the question remains regarding grant of actual monetary benefits which otherwise as per the learned Additional Advocate General are not in dispute and shall be granted from the date of pronouncement of the judgment by the learned Single Judge i.e. 04.03.2023. 11. In view of the aforesaid, the petition is disposed of in the aforesaid terms, so also pending applications, if any. (Tarlok Singh Chauhan) Judge (Sushil Kukreja) 30th May, 2025(sanjeev) Judge