HIMANSHU AND ANOTHER v. THE STATE OF HP AND OTHERS
CWP/9853/2025 · 2025-06-19
Sandeep Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17358 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17358 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.9853 of 2025 Date of Decision: 19.06.2025 _______________________________________________________ Himanshu & another
…….Petitioners
Versus
State of Himachal Pradesh and others
… Respondents _______________________________________________________
Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1
For the Petitioner: Mr. Vinod Chauhan, Advocate.
For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral):
By way of instant petition, petitioners have prayed for the following main reliefs:
“(i) That respondent May Kindly be Directed to grant the similar benefit of higher stage of Pay as granted by the department in terms of the Judgment passed in CWP 1638 of 2024 titled as Mohit Sharma Vs State of HP. (ii) That this Hon'ble Court may be pleased to issue the Writ in the nature of mandamus, order or directions directing the Respondents to regularize the services of the Petitioner w.e.f. the date when the Petitioner have completed their two years' service on contract basis i.e. from the date the Regularization Policy was liberalized, along with all consequential benefits, including the benefit of Himachal Pradesh Civil Services (Revised pay) Rules, 2022 and the petitioner
1Whether the reporters of the local papers may be allowed to see the judgment?
2 be accorded 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. (iii) That this Hon'ble Court may be pleased to issue the Writ in the nature of mandamus directing the Respondents to extend the benefits of the Notifications dated 03.01.2022 & 06.09.2022 and Grant Higher Stage of Pay in the Concerned Level of Pay Matrix i.e. Rs. 33400/- as per Notification dated 06.09.2022 and fix higher pay from due date i.e. after completion two years of contractual service with all consequential benefits including the arrears along with interest @ 9%.”
2. Before reply, if any, from the respondents could be received,
learned counsel representing the petitioners, while inviting attention of this Court to judgment 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 representations 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 representations, if any, filed by the petitioners shall be considered and decided expeditiously.
3
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 representations of the petitioners (Annexure P-3) in light of Mohit Sharma (supra), expeditiously, preferably within a period of four weeks from today. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of being heard to the petitioners and pass speaking order thereafter. Pending applications, if any, stand
disposed of.
(Sandeep Sharma),
Judge June 19,2025 (shankar)