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2025 DAILYLAW 14940 (HP)

AJAY KUMAR AND OTHERS v. THE STATE OF HP AND OTHERS

CWP/8346/2025 · 2025-05-21

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8346 of 2025 Decided on: 21st May, 2025 ------------------------------------------------------------------------------------- Ajay Kumar and others …..Petitioners Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr. Vaibhav Tanwar, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with 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. With the consent of learned counsel for the parties, the matter is heard at this stage. 3. This writ petition has been filed for the grant of following substantive reliefs:- “1. That a writ of mandamus may kindly be issued directing the respondents to grant to the petitioners the benefit of higher stage of pay of Rs.40,100/- from the date the petitioners have completed two years of their respective regular service in terms of the judgment 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 passed by the Hon’ble Court in CWP No.4830/2023 titled Inder Singh Thakur & Ors versus State of H.P. & others and further the respondents be directed that the pay of the petitioners be re-fixed from the date the petitioners have completed two years of their respective regular service and the respondents be directed to release to the petitioners all the consequential benefits along with arrears at the rate of 9% per annum. 2. That the respondents may also be directed to release the arrears of pay after re-fixing the pay of the petitioner at Rs.40100/- from the date the petitioners completed two years of their respective regular service along with interest @ 9% per annum.” 4. Learned counsel for the petitioners submitted that the respective cases of the petitioners and the reliefs prayed for by them are squarely covered in terms of the recent decision rendered in Inder Singh Thakur & Ors. Versus State of H.P. & Ors.2. Learned counsel also submits that the representations dated 21.04.2025 (Annexure P-2 Colly.) preferred by the petitioners for claiming the above reliefs are pending consideration with respondent No.2. Learned counsel further submits that the petitioners would be content in case respondent No.2/ competent authority is directed to decide the aforesaid representations within a fixed time schedule. Learned Additional Advocate General is not averse to this prayer. 5. Having regard to the afore-submissions, but without examining the merits of the matter, this writ 2 CWP No.4830 of 2023, decided alongwith connected matter on 07.04.2025 3 petition is disposed of with a direction to respondent No.2/ competent authority to consider and decide the aforesaid representations of the petitioners dated 21.04.2025 (Annexure P-2 Colly.) in accordance with law as well as taking into consideration the above judgment in the case of Inder Singh Thakur2 within a period of six weeks from today. The decision so arrived at shall also be communicated to the petitioners. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua May 21, 2025 Judge Mukesh