Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
CWP No. 7346/2024
Decided on: 19.09.2025 Shanti Verma
…Petitioner
Versus
State of H.P. & Ors.
.…Respondents. ……………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1
For the petitioner:
Mr. A.K. Gupta and Mr. Bonit
Parkash, Advocates.
For the respondents: Mr. Y.P.S. Dhaulta, Additional
Advocate General, for respondent
No.1.
Mr. C.N. Singh and Dr. Nidhi Singh,
Advocates, for respondents No.2 &
3.
Jyotsna Rewal Dua, J
This writ petition has been filed for the grant of following substantive relief: -
“That the respondents may be ordered to regularize services of the petitioner, on completion of 8 years service as Clerk with all consequential benefits and to pay her salary of Clerk from the date of her initial engagement till her services have been regularized on the principle of ‘equal pay for equal work’ in terms of the law laid down in Rajesh Kumar & Ors. HIMUDA.”
1 Whether reporters of the local papers may be allowed to see the judgment? yes
2
2.
Learned counsel for the petitioner submitted that petitioner’s name figured at Serial No.25 at page-12 of the paper book i.e. the list prepared by the respondents-HIMUDA of those of its employees, who were working as Clerks from the date of their joining the service with recommendation to regularize such incumbents as Clerks subject to certain conditions. Learned counsel further submitted that some of the persons, whose names figured in the aforesaid list, instituted Rajesh Kumar & Ors. Vs. Himachal Urban Development Authority & Ors2. The said petition was disposed of with direction to the respondents to regularize services of the petitioners therein against the post of Clerks on their completion of 8 years of engagement as Clerks on daily wage basis. Respondents were directed to release pecuniary benefits incidental to the post of Clerks. Himachal Pradesh Housing and Urban Development Authority Vs. Rajesh Kumar & Ors.3 instituted against the above decision was dismissed holding as under: -
“2. In both these appeals, the private respondents had been engaged though as daily wage ‘Beldars’, on muster-roll basis, however, the appellant extracted the work from them as Clerks from the very initial date(s) of their joining. 3. The appellant itself initiated a proposal to the State Government seeking permission to regularize the services of the
2 CWPOA No. 4957/2019 decided on 09.07.2021 3 LPA No. 71/2022 decided a/w connected matter on 29.04.2024
3 respective respondent(s) against the post of Clerks but the State Government appears to have rejected it. 4. However, in cases of similarly situated persons, several orders appear to have been passed by this Court, granting relief of regularization against the post in which they had been working i.e. Salochana Verma vs. Himuda Housing and Urban Development Authority, Santosh Chauhan vs. Himachal Pradesh Housing and Urban Development Authority and others, and Rajesh Kumar & others vs. Himachal Pradesh Urban Development Authority & others. 5. In addition, a learned Division Bench of this Court has recently in its order dated 03.04.2024 passed in batch of LPAs, lead being LPA No. 231 of 2023 titled as H.P. Housing and Urban Development Authority vs. Nisha Sharma and another followed the suit and accordingly granted the suit taking into account the fact that the services of the similarly situated persons had been regularized against the post of Clerks. 6.
Since, the issue in question is no longer res integra, insofar as this Court is concerned, with the passing of the judgment in LPA No. 231 of 2023 (supra), therefore, we are not inclined to interfere with the order(s) passed by the learned Single Judge in the petitions and both the appeals are accordingly dismissed, leaving the parties to bear their own costs. All pending applications shall also stand disposed of.”
Several other similar Letters Patent Appeal preferred by the respondents-Housing and Urban Development Authority with lead case H.P. Housing and Urban Development Authority Vs. Nisha
4 Sharma & Anr.4 were also dismissed following the ratio of Rajesh Kumar2.
Learned counsel submitted that the case of present petitioner is similar to the above cases.
3.
It has jointly been apprised by learned counsel for the parties that the matter is now pending adjudication before the Hon’ble Apex Court in H.P. Housing and Urban Development Authority Vs. Nisha Sharma & Anr.5 instituted by the respondents.
4.
In view of above, this writ petition is disposed of with direction to the respondents to consider the case of the petitioner for grant of relief prayed for by her in light of above decisions and in accordance with law, within a period of six weeks. This shall abide by the outcome of the decision in H.P. Housing and Urban Development Authority5. Pending miscellaneous application(s), if any, shall also stand disposed of.
Jyotsna Rewal Dua
Judge 19th September, 2025(rohit)
4 LPA No. 231/2023 decided a/w connected matters on 03.04.2024 5 Special Leave to Appeal (C) No. 1692/2025