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2025 DAILYLAW 15036 (HP)

RAJEEV KUMAR AND OTHERS v. THE STATE OF HP AND ANOTHER

CWP/8347/2025 · 2025-07-24

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 8347 of 2025 Date of Decision: 24.07.2025 _____________________________________________________________________ Rajeev Kumar & Ors. ……...Petitioners Versus State of HP & Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. D.K.Khanna, Advocate. For the respondents: Mr. Rajan Kahol & Mr. B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of present petition, petitioners have prayed for the following main reliefs:- “(i) That the respondents be directed to regularize the service of the petitioners as per instructions dated 28.12.2021 (Annexure P-2) in accordance with their seniority with all consequential benefits from the date of completion of 2 years contract service as on 30.09.2021. (ii) That the respondents may be directed to remove anomaly of pay scale in case of petitioners and Junior Office Assistant (IT) appointed in Dharamshala circle who were regularized after two years and are similarly situated as the petitioners and are availing the benefit of revised pay under notification dated 03.01.2022 (Annexure P-4). (iii) That the respondents be directed to count the contract service of the petitioner for the purpose of regularization and consequential benefits accruing thereof as per seniority assigned on the basis of merit from the date of their initial appointment in 2019. (iv) That the petitioner are entitled to pay scale of Rs. 31,200/-, when their counterparts in Dharamshala Circle regularized on or before 03.01.2022 received an initial pay of scale of Rs. 31,200/- while the petitioners, owing to the 10 days on the basis of principle of law declared by the Hon’ble High Court in CWP No. 1638 of 2024 titled Mohit Sharma & Ors. Vs. State of H.P & Ors decided on 29.11.2024 (Annexure P-10) which has been implemented vide order dated 08.04.2025 (Annexure P-11). (v) That the respondents may be directed to pay the arrears in pay scale within a time bound period.” 2. Learned counsel for the parties are ad-idem that case of the petitioner is squarely covered by the judgments passed by Co- ordinate Bench of this Court in CWP No. 1638 of 2024, titled as Mohit Sharma & Anr. Vs. State of H.P. & Ors. and in CWP No. 8839 of 2023, titled as Pushap Kumar & others Vs. State of Himachal Pradesh & others. 3. Having perused the averments contained in the petition, especially relief clause vis-à-vis judgments passed by Co-ordinate Bench of this Court in Mohit Sharma and Pushap Kumar (supra), this Court finds that case of the petitioner is identical to the aforesaid cases decided by Co-ordinate Bench of this Court. Vide aforesaid judgments, Co-ordinate Bench of this Court has already dealt with all the points raised in the instant petition and as such, respondents can be directed to decide the case of the petitioner in light of the aforesaid judgments rendered by Coordinate Bench of this Court. 2 4. Consequently, in view of the above, the directions contained in the aforesaid judgments rendered by Co-ordinate Bench of this Court are ordered to be made mutatis mutandis applicable in the present case for all intents and purposes. In the aforesaid terms, present petition is disposed of alongwith pending application(s), if any. July 24, 2025 (Sandeep Sharma), (Sunil) Judge 3