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2025 DAILYLAW 16981 (HP)

DEEPAK AND ANOTHER v. THE STATE OF HP AND OTHERS

CWP/9764/2025 · 2025-06-18

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP Nos.9764 & 9766 of 2025 Decided on: 18th June 2025 _________________________________________________________________ 1. CWP No. 9764 of 2025 Deepak & Anr ....Petitioners Versus State of H.P. & Ors. …Respondents _________________________________________________________________ 2. CWP No. 9766 of 2025 Naseeb Chand & Ors ....Petitioners Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner(s): Ms.Ranjana Chauhan, Advocate vice Mr. Ajay Kumar Chauhan, Advocate. For the respondents: Mr. L.N.Sharma, Additional Advocate General. Jyotsna Rewal Dua, Judge Notice. Mr. L.N.Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents in the both the petitions. 2. These writ petitions have been filed for grant of almost common reliefs, which have been extracted from CWP 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - No. 9764 of 2025: “I. That this Hon'ble Court may be pleased to issue the Writ in the nature of Certiorari or any other appropriate writ order or direction quashing and setting aside the Impugned action of the Respondents, whereby the Regularization of the Petitioners have been delayed unnecessarily and has been regularized on and w.e.f. 05-01-2022 instead from February/March 2021 being patently illegal, arbitrary and unconstitutional besides the same being in violation to the settled law of the land. II That this Hon'ble Court may be pleased to issue the Writ in the nature of mandamus directing the Respondents to regularize the services of the Petitioners w.e.f. 14-02- 2021 and 01-03-2021 i.e. from the date the Regularization Policy was liberalized or from the date prior to 03.01.2022, along with all consequential benefits, including the benefit of Himachal Pradesh Civil Services (Revised pay) Rules, 2022 keeping in view the fact that the Petitioners have completed two years of contract service in the month of February/March, 2021 i.e. prior to 30.09.2021 as per the Regularization policy dated 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.” 3. Learned counsel for the petitioners submitted that representations of the petitioners preferred by them have not been considered and decided by the respondent /competent authority till date. Learned counsel further submitted that the - 3 - petitioners would be content, in case, they are permitted to submit fresh comprehensive representations to the aforesaid respondent/Competent Authority seeking the relief prayed for by them in the writ petitions, whereafter, respondent /Competent Authority, be directed to decide the representations to be made by them, in a time bound manner. Learned Additional Advocate General has no objection to this prayer. 4. In view of above submissions, the present petitions are disposed of by permitting the petitioners to make fresh comprehensive representations to the respondent /Competent Authority, within a period of two weeks from today, who shall in turn, consider and decide the same, in accordance with law, within a further period of six weeks by passing order, which shall also be communicated to the petitioners. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge June 18, 2025 R.Atal