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2025 DAILYLAW 18967 (HP)

PAWAN KUMAR AND OTHERS v. THE STATE OF HP AND OTHERS

CWP/10744/2025 · 2025-07-07

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.10744 of 2025 Decided on: 07.07.2025 _________________________________________________________________ Pawan Kumar and Ors ....Petitioners Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioners: Mr. Deven Krishan Khanna, Advocate. For the respondents: Ms. Leena Guleria, Additional Advocate General. Jyotsna Rewal Dua, Judge Notice. Ms. Leena Guleria, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents. 2. This writ petition has been filed for grant of following substantive reliefs:- “i) That a writ in the nature of mandamus may kindly be issued directing the respondents to : 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - a. Extend the benefit of the judgment rendered in CWP No. 2312 of 2022, titled Pushp Kumar & others vs. State of H.P. & others, decided on 27.07.2022, to the present petitioners as well, by granting them notional regularization w.e.f. 31.12.2021, with all consequential benefits, full arrears; b. To treat the petitioners as having been regularized w.e.f. 31.12.2021, in parity with other similarly situated employees who have been granted the benefit of regularization from the said date; c. To revise the pay and service benefits of the petitioners accordingly, in terms of the applicable policies of the State Government; ii. Award costs of the present petition to the petitioner for the unnecessary litigation imposed upon him due to the respondents' inaction.” 3. Learned counsel for the petitioners submits that the reliefs prayed for and the legal issue involved in the case have already been adjudicated upon in Pushap Kumar & Ors Vs. State of Himachal Pradesh and Others2. Learned counsel further submitted that the petitioners would be content, in case, they are permitted to submit comprehensive representation(s) to the respondents/ Competent Authority seeking the reliefs prayed for by them in the writ petition, whereafter, respondents /Competent Authority, be directed to decide the representation(s) to be made by them, in a time bound manner. Learned Deputy 2 CWP No. 8839 of 2023, decided on 07.11.2024 - 3 - Advocate General has no objection to this prayer. 4. In view of above submissions, the present petition is disposed of by permitting the petitioners to make comprehensive representation(s) to the respondents /Competent Authority, within a period of two weeks from today, who shall in turn, consider and decide the same, in accordance with law, in light of aforesaid decision, within a further period of six weeks by passing order, which shall also be communicated to the petitioners. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua Judge July 7, 2025 R.Atal