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2025 DAILYLAW 15515 (HP)

NISHA RANI v. THE STATE OF HP AND OTHERS

CWP/8701/2025 · 2025-05-26

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8701 of 2025 Date of Decision: 26.05.2025 _____________________________________________________________________ Nisha Rani ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Rajat Kumar, Advocate. 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 this Hon’ble Court may be pleased to issue the Writ of mandamus, directing the respondents to grant the benefits of High Stage of Pay i.e. Rs. 37,600/- to the petitioner on completion of 2 years of regular service as JBT in accordance with notification dated 06.09.2022 (Annexure P-2) keeping in view the fact that the petitioner has completed two years of regular service on 19.01.2024, in the interest of justice. ii. That the respondents may kindly be directed to consider the case of the petitioner in the light of law laid down by this Hon’ble Court in CWP No. 1638 of 2024 titled as Mohit Sharma and Anr. v. State of H.P. and CWP No. 14628 of 2024 titled as Sanjeev Vardhan vs. State of HP and Ors., in a time bound manner. iii. That the respondents may kindly be directed to grant and release the actual monetary benefits i.e. arrears of salary, to the 2 petitioner, from the date of initial appointment along with 12% interest, in a time bound manner.” 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 (Annexure P-5) 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-5) 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 26, 2025 (Sandeep Sharma), Manjit Judge