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2025 DAILYLAW 16845 (HP)

SONU KUMAR AND ANOTHER v. STATE OF HP AND OTHERS

CWP/7286/2024 · 2025-03-07

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.7286 of 2024 Decided on: 7th March, 2025 _________________________________________________________________ Sonu Kumar & Ors ....Petitioners Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioners: Mr. Vishal Thakur, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Ms. Menka Raj Chauhan, Deputy Advocate General. ________________________________________________________________ Jyotsna Rewal Dua, Judge With the consent of learned counsel for the parties, matter is heard at this stage. 2. This petition has been filed for grant of following reliefs: - “(i. That a writ of certiorari may kindly be issued and impugned rejection order dated 04.03.2024 Annexure P-1 may kindly be quashed and set aside. 1 Whether reporters of Local Papers may be allowed to see the judgment? - 2 - ii. That a writ of mandamus may kindly be issued directing the respondents to extend the benefit of higher pay scale to the petitioners in terms of the H.P. Civil Services Revised Pay (First Amendment) Rules, 2022 dated 06.09.2022 along with arrears of the same with interest @ 6% per annum in accordance with law. iii. That a writ of certiorari may kindly be issued and the pay fixation order dated 31.03.2022 Annexure P-2 may kindly be quashed vis-a-vis the petitioners. iv. That a writ of mandamus may kindly be issued directing the respondents to fix the pay of the petitioners at par with the other similarly situated clerks in terms of the H.P. Civil Services Revised Pay Rules, 2022 dated 03.01.2022. v. That an appropriate writ, order or direction may kindly be issued and the respondents may kindly be directed to release the arrears of differential amount payable to the petitioners in terms of the Himachal Pradesh Civil Services (Revised Pay) Rules, 2022 dated 03.01.2022 as well as H.P. Civil Services Revised Pay (First Amendment) Rules, 2022 dated 06.09.2022 along with interest @ 6% per annum in accordance with law.” 3. Learned counsel for the petitioners submitted that the issue involved and the relief prayed for by the petitioner has already been adjudicated Mohit Sharma and Anr. Vs. State of H.P. and others2. Learned counsel for the petitioners states that the petitioners would be content if the 2 CWP No. 1638 of 2024, decided on 29.11.2024. - 3 - case of the petitioners is considered by the respondents in light of the aforesaid judgment within a time bound schedule. Learned Deputy Advocate General has no objection to this prayer. 4. Having regard to above submissions but without examining the merits of the matter, this petition is disposed of by directing the respondents to consider the case of the petitioners in light of the aforesaid judgment and pass appropriate orders in accordance with law within a period of six weeks from the date of receipt of copy of this order. The decision so arrived at, shall be communicated to the petitioners. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge March 7, 2025 R.Atal