Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 18214 (HP)

STATE OF HP AND ANR v. SARITA SHARMA

LPA/68/2020 · 2025-09-23

Gurmeet Singh Sandhawalia, Ranjan Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:HHC:33214 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA LPA No. 68 of 2020 Decided on: 23.09.2025 __________________________________________________________ State of Himachal Pradesh and another ...Appellants Versus Sarita Sharma ...Respondent Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Hon’ble Mr. Justice Ranjan Sharma, Judge 1Whether approved for reporting?. For the appellants: Ms. Priyanka Chauhan, Deputy Advocate General. For the respondent: Mr. Tarun Sharma, Advocate. G.S. Sandhawalia, Chief Justice[Oral] Challenge in the present Letters Patent Appeal is to the order passed by the learned Single Judge in CWPOA No.242 of 2019, titled Sarita Sharma versus State of H.P. filed by the employee, whereby the same was decided in her favour on 25.02.2025 by directing the respondents to grant the benefit of entire adhoc service rendered by her towards her seniority for all intents and purposes, including grant of proficiency step-up, Assured Career Progression Scheme benefits and all other consequential benefits alongwith interest @ 9% per 1 Whether reporters of Local Papers may be allowed to see the judgment? 2025:HHC:33214 - 2 - annum. The relevant part reads as under: “In view of the aforesaid discussion, I find merit in this petition and the same is accordingly allowed. The respondents are directed to grant the benefit of entire adhoc service rendered by the petitioner towards her seniority for all intents and purposes including grant of proficiency step-up, Assured Career Progression Scheme benefits and all other consequential benefits flowing thereof within a period of three months from today, failing which, the respondents shall be liable to pay an interest of 9% per annum, which initially shall be paid by the department, to be recovered from the erring official(s). 17. For compliance, list on 26.05.2020. 18. The petition is disposed of in the aforesaid terms, so also the pending application(s) if any, leaving the parties to bear their own costs. 2. On 07.01.2025 we had passed the following orders: “Learned Additional Advocate General submits that the regularization of the respondent was done on 23.08.1994 and the initial appointment was made on 17.04.1985. The writ petition was filed in the year 2010 before this Court, which was then transferred and pending before the Tribunal before being retransferred. Learned Single Judge has allowed the writ petition and granted the benefit of entire adhoc service towards her seniority for all intents and purposes including grant of proficiency step-up, Assured Career Progression Scheme benefits and all other consequential benefits. It is submitted that the financial benefits should have been restricted for a period of three years prior to filing of writ petition and promotion should have been made on notional basis and the issue of seniority was never challenged on earlier point of time since it attained finality and as the respondent was already working as a lecturer and her initial appointment was as a TGT. Faced with this situation, learned counsel for the respondent prays time to seek necessary instructions. List on 09.01.2025. 3. Counsel appearing for the writ petitioner- respondent herein submits that he has instructions that 2025:HHC:33214 - 3 - if the said period is counted for the purposes of pension and other financial benefits, he would be satisfied and does not press for the relief of the seniority etc. 4. Keeping in view the fair stand taken by the employee, as such, we modify the said order to the limited extent that the benefit, as such, of entire adhoc service w.e.f. 25.06.1983 to 23.08.1994 would be considered for the purpose of financial benefits, as such, including pension etc. and not for the purpose of seniority. 5. Accordingly, present appeal is partly allowed to that extent and disposed of. Pending miscellaneous application(s), if any, also stand disposed of. (G.S. Sandhawalia) Chief Justice (Ranjan Sharma) Judge 23rd September, 2025 [himani/Shivender]