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2025 DAILYLAW 15558 (HP)

SAVITA BHATIA AND OTHERS v. THE STATE OF HP AND OTHERS

CWP/8687/2025 · 2025-05-26

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8687 of 2025 Date of Decision: 26.05.2025 _____________________________________________________________________ Savita Bhatia and Ors. ……...Petitioners Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioners: Mr. Naresh Kaul and Ms. Sheetal Kaul, 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, petitioners have prayed for the following main reliefs: “(a) That this Hon'ble Court may be pleased to issue the Writ in the nature of mandamus, directing the Respondents to fix the pay of the petitioners at higher pay stage of Rs.37600/- from the date of completion of 02 years regular service in terms of notification dated 06.09.2022, with direction to the respondents to release the arrear of salary with all consequential benefits including interest @ 9% per annum on the delayed period payment, including the benefit of Himachal Pradesh Civil Services (Revised pay) Rules, 2022 after taking into account the services rendered by them on contract basis as having been appointed prior to 03.01.2022, as has been approved by the Cabinet on 14.10.2022, in the interest of law and justice. (b) That the respondents may be directed to consider and decide the representation dated 08.02.2025 (Annexure P-3), in the light of the judgment passed in CWP No. 1638/2024 titled as Mohit Sharma & Anr. Vs State of H.P. & Ors., decided on 29.11.2024 (Annexure P-2) and also stand implemented on 08.04.2025 (Annexure P-4), in the interest of law and justice.” 2 2. Before reply, if any, from the respondents could be received, learned counsel representing the petitioners, while inviting attention of this Court to judgment dated 29.11.2024, 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, petitioners would be content and satisfied in case directions are issued to the respondents to consider the representation (Annexure P-3) of the petitioners 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 petitioners and representation, if any, filed by the petitioners 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 petitioners (Annexure P-3) 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 petitioners and pass appropriate orders thereafter. Pending applications, if any, stand disposed of. May 26, 2025 (Sandeep Sharma), Manjit Judge