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2025 DAILYLAW 15334 (HP)

INDER DUTT v. THE STATE OF HP AND OTHERS

CWP/8593/2025 · 2025-05-23

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8593 of 2025 Date of Decision: 23.05.2025 _____________________________________________________________________ Inder Dutt ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. M.A. Safee, Mr. Pranav Kaushal and Mr. Sameer Miyan, Advocates. For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant petition, petitioner has prayed for the following main reliefs: “(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 him 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 he be granted the Higher Stage of Pay i.e. 30500/- from the date he has completed years of regular service, as has been held by the Hon’ble High Court in Mohit Sharma case (supra). (ii) That the respondents be also directed to release the arrears of pay after fixing his pay @ Rs. 30500/- w.e.f. the date he had completed two years of regular service along with interest @ 9% p.a.” 2 2. Before reply, if any, from the respondents could be received, learned counsel representing the petitioner, while inviting attention of this Court to judgment passed by Coordinate Bench this Court in CWP No. 1638 of 2024 titled Mohit Sharma & Anr. Vs. State of Himachal Pradesh & Ors., states that issue raised in the instant proceedings already stands adjudicated by Coordinate Bench this Court in Mohit Sharma (supra) and as such, petitioner would be content and satisfied in case directions are issued to the respondents to consider the representation of the petitioner in light of aforesaid judgment in a time bound manner. 3. While putting in appearance on behalf of respondents, Mr. Ravi Chauhan, learned Deputy Advocate General, states that he is not averse to aforesaid innocuous prayer made on behalf of the petitioner and representation, if any, filed by the petitioner shall be considered and decided expeditiously. 4. Consequently, in view of the above, this Court, without going into the merits of the case, deems it fit to dispose of the present petition with a direction to the respondents to consider and decide the representation of the petitioner (Annexure P-6) in light of Mohit Sharma (supra), expeditiously, preferably within a period of four weeks. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an 3 opportunity of being heard to the petitioner and pass appropriate orders thereafter. Pending applications, if any, stand disposed of. May 23, 2025 (Sandeep Sharma), Manjit Judge