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2025 DAILYLAW 1703 (HP)

SURAT SINGH v. THE STATE OF HP AND OTHERS

CWP/7903/2025 · 2026-04-16

Ajay Mohan Goel

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.7903 of 2025 Decided on 16th April 2026 Sh. Surat Singh …Petitioner Versus State of Himachal Pradesh and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. Shubham Sood, Advocate. For the respondents: Mr. Pushpinder Jaswal, Additional Advocate General. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:- A. “That a writ of certiorari or any other appropriate writ order or direction may kindly be issued for quashing and setting aside letter dated 17.02.2025 contained in Annexure P-7. B. That a writ of mandamus or any other appropriate writ order or direction may kindly be issued for directing the respondents to fix the pay of the petitioner firstly in Pay Level 7 for the post of Junior Assistant and secondly, in Pay Level 11 for the post of Senior Assistant in terms of orders dated 07.02.2022, 12.01.2024, from the due date, alongwith with all consequential benefits C. That the respondents may further be directed to pay the arrears accrued on account of such fixation, forthwith, alongwith interest @12% per annum.” 2 2. Learned counsel for the petitioner submits that the issues raised in this petition are squarely covered by the judgment of this Court in CWP No.7902 of 2025, titled Suresh Kumar versus State of Himachal Pradesh and others, decided on 20.03.2026 and same be disposed of by observing that the directions passed in the said case shall mutatis mutandis apply in the present petition also. 3. Learned Deputy Advocate General does not dispute this fact, but, he submits that any order passed by this Court shall be subject to the legal rights of the respondent-State. Ordered accordingly. 4. This petition is disposed of with the observation that the directions passed by this Court in the aforesaid judgment shall mutatis mutandis apply to the present petition also. Impugned order dated 17.02.2025 Annexure P-7, is quashed and set aside and the petitioner is held entitled for higher pay scale and Grade Pay upon completion of two years regular service post promotion. The withdrawal of benefit of higher pay scale, is set aside and the respondents are directed confer all 3 the benefits upon the petitioner in terms of 2012 Rules as accruable two years as from the date of promotion. Recovery order is also quashed and set aside and if any recoveries have been made, the same be refunded. 5. Pending miscellaneous application(s) if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge April 16, 2026 (Vinod)